Terms of Use
Welcome to the boodabest.com website and/or the boodaBEST mobile app.
Please read these terms and conditions carefully. The following Terms of Use govern your use and access of the Platform (defined below) and the use of the Services. By accessing the Platform and/or using the Services, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, do not access and/or use this Platform or the Services. Access to and use of password protected and/or secure areas of the Platform and/or use of the Services are restricted to Customers with accounts only. You may not obtain or attempt to obtain unauthorized access to such parts of this Platform and/or Services, or to any other protected information, through any means not intentionally made available by us for your specific use. A breach of this provision may be an offence under the Computer Crime Act B.E. 2550 (2007) of Thailand. If you are below 18 years old: you must obtain consent from your parent(s) or legal guardian(s), their acceptance of these Terms of Use and their agreement to take responsibility for: (i) your actions; (ii) any charges associated with your use of any of the Services or purchase of Products; and (iii) your acceptance and compliance with these Terms of Use. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing this Platform and using the Services.
1. Definitions & Interpretation
Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms of Use.
2. General use of the Services and/or access of the Platform
2.1 Guidelines to the use of the Platform and/or the Services: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the use of the Services and/or access to the Platform, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
2.2 Restricted activities: You agree and undertake NOT to: (a) impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity; (b) use the Platform or Services for illegal purposes; (c) attempt to gain unauthorized access to or otherwise interfere or disrupt other computer systems or networks connected to the Platform or Services; (d) post, promote or transmit through the Platform or Services any Prohibited Materials; (e) interfere with another’s utilization and enjoyment of the Platform or Services; (f) use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt the Platform’s data or damage or interfere with the operation of another Customer’s computer or mobile device or the Platform or the Services; and (g) use the Platform or the Services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.
2.3 Availability of the Platform and the Services: We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, the Platform or any Services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing the Platform or any part of the Services.
2.4 Right to monitor content: We reserve the right, at its sole discretion, but shall not be obliged to: (a) monitor, screen or otherwise control any activity, content or material on the Platform and/or through the Services. We may, in our sole and absolute discretion, investigate any violation of the terms and conditions contained herein and may take any action it deems appropriate; (b) prevent or restrict access of any Customer to the Platform and/or the Services; (c) report any activity we suspect to be in violation of any applicable law, statute or regulation to the appropriate authorities and to co-operate with such authorities; and/or (d) to request any information and data from you in connection with your use of the Services and/or access of the Platform at any time and to exercise our right under this paragraph if you refuse to divulge such information and/or data or if you provide or if we have reasonable grounds to suspect that you have provided inaccurate, misleading or fraudulent information and/or data.
2.5 Privacy Policy: Your use of the Services and/or access to the Platform is also subject to the Privacy Policy as set out at https://boodabest.com/privacy-policy/
2.6 Terms & Conditions of Sale and Voucher Terms & Conditions: Purchases of any Product would be subject to the Terms & Conditions of Sale as set out at https://boodabest.com/terms-conditions/. If you use a Voucher, the Voucher Terms & Conditions are set out at http://boodabest.com/terms-conditions/ would apply.
2.7 Additional terms: In addition to these Terms of Use, the use of specific aspects of the Materials and the Services, more comprehensive or updated versions of the Materials offered by us or our designated sub-contractors, may be subject to additional terms and conditions, which will apply in full force and effect.
3. Use of the Services
3.1 Application of this Clause: In addition to all other terms and conditions of this Terms of Use, the provisions in this Clause 3 are the additional specific terms and conditions governing your use of the Services.
3.2 Restrictions: Use of the Services is limited to the authorised Customers who are of legal age and have the legal capacity to enter into and form contracts under any applicable law. The Customers who have breached or are in breach of the terms and conditions contained herein and the Customers who have been permanently or temporarily suspended from using any of the Services may not use the Services even if they satisfy the requirements of this Clause 3.2.
3.3 General terms of use: You agree: (a) to access and/or use the Services only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the Services in good faith; and (b) to ensure that any information or data you post or cause to appear on the Platform in connection with the Services is accurate and not violate any applicable law. You also agree to take sole responsibility for such information and data.
3.4 Product description: While we endeavour to provide an accurate description of the Products, we do not warrant that such description is accurate, current or free from error.
3.5 Prices of Products: All Listing Prices are subject to taxes, unless explicitly stated otherwise. We reserve the right to amend the Listing Prices at any time without giving any reason or prior notice.
3.6 Third Party Vendors: You acknowledge that parties other than boodaBEST (i.e. Third Party Vendors) list and sell their Products on the Platform. The information regarding whether a particular Product is listed for sale on the Platform by boodaBEST or a Third Party Vendor may be stated on the webpage listing that Product. For the avoidance of doubt, each agreement entered into for the sale of a Third Party Vendor’s Products to a Customer shall be an agreement entered into directly and only between the Third Party Vendor and the Customer and also subjected to the Terms and Conditions of Sale.
4. Customers with boodaBEST accounts
4.1 Username/Password: Certain Services that may be made available on the Platform may require creation of an account with us or for you to provide Personal Data. If you request to create an account with us, a Username and Password may either be: (i) determined and issued to you by us; or (ii) provided by you and accepted by us in our sole and absolute discretion in connection with the use of the Services and/or access to the relevant Platform. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the Username and/or Password without giving any reason or prior notice and shall not be liable or responsible for any Losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your Password from time to time and to keep the Username and Password confidential and shall be responsible for the security of your account and liable for any disclosure or use (whether such use is authorized or not) of the Username and/or Password. You are to notify us immediately if you have knowledge that or have reason for suspecting that the confidentiality of the Username and/or Password has been compromised or if there has been any unauthorized use of the Username and/or Password or if your Personal Data requires updating. The notice will be deemed to be processed by us seven (7) business days after the receipt of such notice.
4.2 Purported use/access: You agree and acknowledge that any use of the Services and/or any access to the Platform and any information, data or communications referable to your Username and Password shall be deemed to be, as the case may be: (a) access to the relevant Platform and/or use of the Services by you; or (b) information, data or communications posted, transmitted and validly issued by you. At all times, you agree to be bound by any access of the Platform and/or use of any Services (whether such access or use are authorized by you or not, except for any unauthorized access of the Platform after the notice of unauthorized use of the Username and/or Password has been received and processed by us, as per clause 4.1 herein). You agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all Losses attributable to any use of any Services and/or or access to the Platform referable to your Username and Password.
5. Intellectual property
5.1 Ownership: The Intellectual Property in and to the Platform and the Materials are owned, licensed to or controlled by us, our licensors or our service providers. We reserve the right to enforce the right of the Intellectual Property to the fullest extent of the law.
5.2 Restricted use: No part or parts of the Platform, or any of the Materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred or transmitted in any manner or by any means or stored in an information retrieval system or installed on any server, system or equipment without our prior written permission or that of the relevant copyright owners. Subject to Clause 5.3, permission will only be granted to you to download, print or use the Materials for personal and non-commercial uses, provided that you do not modify the Materials and that we or the relevant copyright owners retain all copyright and other proprietary notices contained in the Materials.
5.3 Trademarks: The Trademarks shall have the meaning as set out in the attached schedule herein. Nothing on the Platform and in these Terms of Use shall be construed as granting, by implication, estoppel, or otherwise grant, any license or right to use (including as a meta tag or as a “hot” link to any other website) any Trademarks displayed on the Services, without our written permission or any other applicable trademark owner.
6. Our limitation of responsibility and liability
6.1 No representations or warranties: The Services, the Platform and the Materials are provided on an “as is” and “as available” basis. All data and/or information contained in the Platform, the Services or the Materials are provided for informational purposes only. No representations or warranties of any kind, implied, express or statutory, including the warranties of non-infringement of third party rights, title, merchantability, satisfactory quality or fitness for a particular purpose, are given in conjunction with the Platform, the Services or the Materials. Without prejudice to the generality of the foregoing, we do not warrant: (a) the accuracy, timeliness, adequacy, commercial value or completeness of all data and/or information contained in the Platform, the Services or the Materials; (b) that the Platform, the Services or that any of the Materials will be provided uninterrupted, secure or free from errors or omissions, or that any identified defect will be corrected; (c) that the Platform, the Services or the Materials are free from any computer virus or other malicious, destructive or corrupting code, agent, program or macros; and (d) the security of any information transmitted by you or to you through the Platform or the Services, and you accept the risk that any information transmitted or received through the Services or the Platform may be accessed by unauthorised third parties and/or disclosed by us or our officers, employees or agents to third parties purporting to be you or purporting to act under your authority. Transmissions over the Internet and electronic mail may be subject to interruption, transmission blackout, delayed transmission due to internet traffic or incorrect data transmission due to the public nature of the Internet.
6.2 Exclusion of liability: boodaBEST Indemnitees shall not be liable to you for any Losses whatsoever or howsoever caused (regardless of the form of action) arising directly or indirectly in connection with: (a) any access, use and/or inability to use the Platform or the Services; (b) reliance on any data or information made available through the Platform and/or through the Services. You should not act on such data or information without first independently verifying its contents; (c) any system, server or connection failure, error, omission, interruption, delay in transmission, computer virus or other malicious, destructive or corrupting code, agent program or macros; and (d) any use of or access to any other website or webpage linked to the Platform, even if we or our officers or agents or employees may have been advised of, or otherwise might have anticipated, the possibility of the same.
6.3 At your own risk: Any risk of misunderstanding, error, damage, expense or Losses resulting from the use of the Platform is entirely at your own risk and we shall not be liable therefor.
7. Hyperlinks, alerts and advertising
7.1 Hyperlinks: For your convenience, we may include hyperlinks to other websites or content on the Internet that are owned or operated by third parties. Such linked websites or content are not under our control and we are not liable for any errors, omissions, delays, defamation, libel, slander, falsehood, obscenity, pornography, profanity, inaccuracy or any other objectionable material contained in the contents, or the consequences of accessing, any linked website. Any hyperlinks to any other websites or content are not an endorsement or verification of such websites or content and you agree that your access to or use of such linked websites or content is entirely at your own risk.
7.2 Advertising: We may attach banners, java applets and/or such other materials to the Platform for the purposes of advertising our or our Third Party Vendors’ products and/or services. For the avoidance of doubt, you shall not be entitled to receive any payment, fee and/or commission in respect of any such advertising or other promotional materials.
8. Your submissions and information
8.1 Submissions by you: You grant us a non-exclusive license to use the materials or information that you submit to the Platform and/or provide to us, including but not limited to, questions, reviews, comments, and suggestions (collectively, “Submissions”). When you post comments or reviews to the Platform, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions. We may, but shall not be obligated to, publish, remove or edit your Submissions.
8.2 Consent to receive e-mails: You consent to and authorise the use by us of any information provided by you (including Personal Data) for the purposes of sending informational and promotional e-mails to you. Your agreement to the provisions of this Clause 8.2 shall constitute your consent for the purpose of the provisions of any spam control laws (whether in Thailand or elsewhere). You may subsequently opt out of receiving promotional e-mails by clicking on the appropriate hyperlink in any promotional e-mail.
8.3 Privacy Policy: You acknowledge that you have read and agree to the Privacy Policy at https://boodabest.com/privacy-policy/ and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Policy.
9. Termination
9.1 Termination by us: In our sole and absolute discretion, we may with immediate effect upon giving you notice, terminate your use of the Platform and/or Services and/or disable your Username and Password. We may bar access to the Platform and/or Services (or any part thereof) for any reason whatsoever, including a breach of any of these Terms of Use or where if we believe that you have violated or acted inconsistently with any terms or conditions set out herein, or if in our opinion or the opinion of any regulatory authority, it is not suitable to continue providing the services relating to the Platform.
9.2 Termination by you: You may terminate these Terms of Use by giving seven (7) days’ advance notice in writing to us.
10. Notices
10.1 Notices from us: All notices or other communications given to you if: (a) communicated through any print or electronic media as we may select will be deemed to be notified to you on the date of publication or broadcast; or (b) sent by post or left at your last known address will be deemed to be received by you on the day following such posting or on the day when it was so left.
10.2 Notices from you: You may only give notice to us in writing sent to our designated address or e-mail address at AIA Sathorn Tower Room 606 Floor 6,11/1 S Sathorn Rd, Khwaeng Yan Nawa, Khet Sathon, Krung Thep Maha Nakhon 10120 Thailand and https://boodabest.com/contact-us, and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
10.3 Other modes: Notwithstanding Clauses 10.1 and 10.2, we may from time to time designate other acceptable modes of giving notices (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
11. General
11.1 Cumulative rights and remedies: Unless otherwise provided under these Terms of Use, the provisions of these Terms of Use and our rights and remedies under these Terms of Use are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms of Use, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms of Use or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy as at law or in equity.
11.2 No waiver: Our failure to enforce these Terms of Use shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms of Use. We would still be entitled to use our rights and remedies in any other situation where you breach these Terms of Use.
11.3 Severability: If at any time any provision of these Terms of Use shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms of Use.
11.4 Rights of third parties: A person or entity who is not a party to these Terms of Use shall have no right under any legislation in any jurisdiction to enforce any term of these Terms of Use, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms of Use.
11.5 Governing law: Use of the Platform and/or the Services and these Terms of Use shall be governed by and construed in accordance with Thailand law and you hereby submit to the exclusive jurisdiction of the Courts of Thailand.
11.6 Injunctive relief: We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
11.7 Amendments: We may by notice through the Platform or by such other method of notification as we may designate (which may include notification by way of e-mail), vary the terms and conditions of these Terms of Use, such variation to take effect on the date we specify through the above means. If you use the Platform or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and the Services and terminate these Terms of Use. Our right to vary these Terms of Use in the manner aforesaid will be exercised with may be exercised without the consent of any person or entity who is not a party to these Terms of Use.
11.8 Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
11.9 Currency: Money references under these Terms of Use shall be in Thailand Baht.
11.10 Language: In the event that these Terms of Use is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms of Use shall govern and shall take precedence over the Foreign Language Version.
11.11 Entire agreement: These Terms of Use shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
11.12 Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by us or our service providers relating to or in connection with the Platform and the Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
11.13 Sub-contracting and delegation: We reserve the right to delegate or sub-contract the performance of any of our functions in connection with the Platform and/or Services and reserve the right to use any service providers, subcontractors and/or agents on such terms as we deem appropriate.
11.14 Assignment: You may not assign your rights under these Terms of Use without our prior written consent. We may assign our rights under these Terms of Use to any third party.
11.15 Force Majeure: We shall not be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms of Use (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.
Schedule 1 Definitions and Interpretation
1. Definitions. Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms of Use:
1.1 “Customer” has the same meaning as in the Terms & Conditions of Sale.
1.2 “Intellectual Property” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
1.3 “boodaBEST Indemnitees” means boodaBEST and all of its respective officers, employees, directors, agents, contractors and assigns.
1.4 “3DS INTERACTIVE”, “we”, “our” and “us” refer to 3DS INTERACTIVE Co., Ltd., a company incorporated pursuant to the laws of Thailand under registration number 0105554081940 and having its registered address at AIA Sathorn Tower Room 606 Floor 6,11/1 S Sathorn Rd, Khwaeng Yan Nawa, Khet Sathon, Krung Thep Maha Nakhon 10120 Thailand.
1.5 “Listing Price” means the price of Products listed for sale to Customers, as stated on the Platform.
1.6 “Losses” means all penalties, losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not.
1.7 “Materials” means, collectively, all web pages on the Platform, including the information, images, links, sounds, graphics, video, software, applications and other materials displayed or made available on the Platform and the functionalities or services provided on the Platform.
1.8 “Order” means your order for Products sent through the Platform in accordance with the Terms & Conditions of Sale.
1.9 “Password” refers to the valid password that a Customer who has an account with boodaBEST may use in conjunction with the Username to access the relevant Platform and/or Services.
1.10 “Personal Data” means data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information. Personal Data shall be deemed to include any data that you have provided to us when placing an Order, regardless of whether you have an account with us.
1.11 “Platform” means (a) both the web and mobile versions of the website operated and/or owned by boodaBEST which is presently located at boodabest.com; and (b) the mobile applications made available from time to time by boodaBEST, including the iOS and Android versions.
1.12 “Privacy Policy” means the privacy policy set out at https://boodabest.com/privacy-policy
1.13 “Product” means a product (including any installment of the product or any parts thereof) available for sale to Customers on the Platform.
1.14 “Prohibited Material” means any information, graphics, photographs, data and/or any other material that: (a) contains any computer virus or other invasive or damaging code, program or macro; (a) infringes any third-party Intellectual Property or any other proprietary rights; (b) is defamatory, libelous or threatening; (c) is obscene, pornographic, indecent, counterfeited, fraudulent, stolen, harmful or otherwise illegal under the applicable law; and/or (d) is or may be construed as offensive and/or otherwise objectionable, in our sole opinion.
1.15 “Services” means services, information and functions made available by us at the Platform.
1.16 “Submission” is as defined in Clause 8.1 of these Terms of Use.
1.17 “Terms & Conditions of Sale” means the terms and conditions governing a Customer’s purchase of the Products and are set out at https://boodabest.com/terms-conditions
1.18 “Terms of Use” means the recitals, Clauses 1 to 11 and any Schedules to these terms and conditions.
1.19 “Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Platform, whether registered or unregistered, and owned by boodaBEST or any third party.
1.20 “Username” refers to the unique login identification name or code which identifies a Customer who has an account with boodaBEST.
1.21 “Voucher” means a voucher for credit which may be used by a Customer, subject to Voucher Terms & Conditions and other terms and conditions, towards the payment of purchases on the Platform.
1.22 “Voucher Terms & Conditions” are set out at https://boodabest.com/terms-conditions
1.23 “you” and “your” refer to the individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian.
2. Interpretation: Any reference in these Terms of Use to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In the Agreement, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms of Use. In the event of a conflict or inconsistency between any two or more provisions under these Terms of Use, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favor of boodaBEST and the provision which is more favorable to boodaBEST shall prevail.
Terms & Conditions of Sale
1. Definitions & Interpretation Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Terms & Conditions of Sale.
2. Purchase of Products
2.1 Your compliance: You agree to comply with any and all the guidelines, notices, operating rules and policies and instructions pertaining to the purchase of Products through the Platform, as well as any amendments to the aforementioned, issued by boodaBEST (whether as part of use of the Platform or in relation to the purchase of Products, on behalf of Seller), from time to time. boodaBEST reserves the right to revise these guidelines, notices, operating rules and policies and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the Platform.
2.2 Product description: While Seller endeavors to provide an accurate description of the Products, neither boodaBEST nor Seller warrants that such description is accurate, current or free from error. In the event that the Product you receive is of a fundamentally different nature from the Product as described on the Platform and which you have ordered, Clause 6 of these Terms & Conditions of Sale shall apply.
2.3 Sellers: Products are sold by “Sellers”. boodaBEST may be a “Seller” for selected Products. “Seller” may also refer to a party other than boodaBEST (such party referred to in these Terms & Conditions of Sale as a “Third Party Vendor”). Whether a particular Product is listed for sale on the Platform by boodaBEST or a Third Party Vendor may be stated on the webpage listing that Product. Products sold to you by Sellers will be governed by individual Customer Contracts (more details below in Clause 2.6) which:
2.3.1 for Products sold by Third Party Vendors, shall be agreements entered into directly and only between the Third Party Vendor and you; and
2.3.2 for Products sold by boodaBEST, shall be agreements entered into directly and only between boodaBEST and you.
2.4 Placing your Order: You may place an Order by completing the Order form on the Platform and clicking on the “Place my Order” button. Seller will not accept Orders placed in any other manner. You shall be responsible for ensuring the accuracy of the Order.
2.5 Orders are irrevocable and unconditional: All Orders will be deemed to be irrevocable and unconditional upon transmission through the Platform and Seller shall be entitled (but not obliged) to process such Order(s) without your further consent and without any further reference or notice to you. Nevertheless, in certain circumstances as stated in Clause 8, you may request to cancel or amend the Order which Seller will endeavor to give effect to on a commercially reasonable effort basis. However, notwithstanding the foregoing, Seller is not obliged to give effect to any request to cancel or amend any Order.
2.6 Seller’s reservation of rights in respect of Orders: All Orders shall be subject to Seller’s acceptance in its sole discretion and each Order accepted by Seller (such accepted Order to be referred to as a “Customer Contract”) shall constitute a separate contract. You acknowledge that unless you receive a notice from Seller accepting your Order, Seller shall not be party to any legally binding agreements or promises made between Seller and you for the sale or other dealings with the Product(s) and accordingly Seller shall not be liable for any Losses which may be incurred as a result. For the avoidance of doubt, Seller reserves the right to decline to process or accept any Order received from or through the Platform in its absolute discretion.
2.7 Termination by Seller in the event of pricing error: Seller reserves the right to terminate the Customer Contract, in the event that a Product has been mispriced on the Platform, in which event boodaBEST shall, on behalf of Seller, notify you of such cancellation by giving three days’ notice. Seller shall have such right to terminate such Customer Contract whether or not Products have been dispatched or are in transit and whether payment has been charged to you.
2.8 Product Warranty: The warranties with respect to a Product (“Product Warranty”) sold under a Customer Contract shall be as stated by Seller via the Platform, under the “Specifications” tab in the fields “Warranty Type” and “Warranty Period” for the relevant Product, and shall be limited by the terms and conditions therein. The warranties and conditions, remedies for breach of warranty or condition, or other terms stated in the Product Warranty are, unless expressly prohibited by applicable mandatory law, in lieu of all other terms, warranties and conditions, whether expressed or implied, statutory or otherwise. Except as expressly provided in such Product Warranty, Seller excludes (unless expressly prohibited by applicable mandatory law) all other expressed or implied terms, warranties or conditions with respect to the Products supplied.
2.9 Customer’s acknowledgement: You acknowledge and warrant that you have not relied on any term, condition, warranty, undertaking, inducement or representation made by or on behalf of Seller which has not been stated expressly in a Customer Contract or upon any descriptions or illustrations or specifications contained in any document including any catalogues or publicity material produced by either boodaBEST or Seller. You also acknowledge and agree that the exclusion of warranties, exclusion of liability and exclusion of remedies in these Terms & Conditions of Sale and Customer Contracts allocate risks between the parties and permit Seller to provide the Products at lower fees or prices than Seller otherwise could and you agree that such exclusions on liability are reasonable.
2.10 No representations or warranties: Without prejudice to the generality of the foregoing Clause 2.9:
2.10.1 No condition is made or to be implied nor is any warranty given or to be implied as to the life or wear of the Products supplied or that they will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to Seller;
2.10.2 Seller binds itself only to deliver Products in accordance with the general description under which they were sold, whether or not any special or particular description shall have been given or shall be implied by law. Any such special or particular description shall be taken only as the expression of Seller's opinion in that behalf. Neither boodaBEST nor Seller gives any warranty as to the quality, state, condition or fitness of the Products;
2.10.3 boodaBEST shall be under no liability for the following measures and actions taken by the Customer or third parties and the consequences thereof: improper remedy of defects, alteration of the Products without the prior agreement of boodaBEST, addition and insertion of parts, in particular of spare parts which do not come from boodaBEST;
2.10.4 Seller shall be under no liability in respect of any defect arising from unsuitable or improper use, defective installation or commissioning by the Customer or third parties, fair wear and tear, willful damage, negligence, abnormal working conditions, defective or negligent handling, improper maintenance, excessive load, unsuitable operating materials and replacement materials, poor work, unsuitable foundation, chemical, electro-technical/electronic or electric influences, the Customer or third parties’ failure to follow boodaBEST's instructions (whether oral or in writing) misuse or alteration or repair of the Products without boodaBEST's approval;
2.10.5 Seller is not liable for any Losses suffered by any third party directly or indirectly caused by repairs or remedial work carried out without boodaBEST’s prior written approval and the Customer shall indemnify Seller against all Losses arising out of such claims;
2.10.6 Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Products has not been paid in cleared funds by the due date for payment; and
2.10.7 Seller shall be under no liability whatsoever in respect of any defect in the Products arising after the expiry of the applicable Product Warranty, if any.
2.11 Intellectual Property:
2.11.1 Unless the prior written consent of boodaBEST has been obtained, the Customer shall not remove or alter the trade marks, logos, copyright notices, serial numbers, labels, tags or other identifying marks, symbols or legends affixed to any Products.
2.11.2 Where software applications, drivers or other computer programs and/or all other design details, technical handbooks or manuals, drawing or other data (all collectively referred to as “Product Materials”) are supplied to the Customer by Seller in connection with the Order, the use and retention of the Product Materials are subject to the terms and conditions of license or use (such as end-user licenses, restrictions or conditions of use) as may be prescribed by Seller or its licensors and must not be used other than strictly in accordance with such terms and conditions.
2.11.3 The Customer agrees and acknowledges that the Product Materials shall remain the property of Seller or its licensors. The Customer further agrees that any and all Intellectual Property embodied in or relating to the Product Materials shall remain the sole and exclusive property of Seller or its licensors. Unless otherwise expressly provided in the Order or the prior written consent of boodaBEST has been obtained, the Customer undertakes to return the Product Materials and/or any copies thereof upon boodaBEST’s request.
3. Delivery of Products Please see the Terms and Conditions of the Delivery Services.
4. Prices of Products
4.1 Listing Price: The price of the Products payable by a Customer shall be the Listing Price at the time at which the Order placed by the Customer is transmitted to Seller (through the Platform).
4.2 Taxes: All Listing Prices are subject to taxes, unless otherwise stated. Seller reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.
5. Payment
5.1 General: You may pay for the Product using any of the payment methods prescribed by boodaBEST from time to time. When you place an Order, actual payment will be only charged upon Seller’s acceptance of your Order and formation of a Customer Contract. All payments shall only be made via payment methods provided on the Platform.
5.2 Additional terms: The payment methods may be subject to additional terms as prescribed by boodaBEST from time to time.
5.3 Payment methods: You agree that you are subject to the applicable user agreement of your payment method. You may not claim against Seller or any of its agents (which may include boodaBEST), for any failure, disruption or error in connection with your chosen payment method. boodaBEST reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
5.4 Please see below
5.5 Invoicing: Seller and/or logistics carrier may invoice you upon the due date of any payment under a Customer Contract.
5.6 Failure to pay: If the Customer fails to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to Seller, Seller shall be entitled to cancel the Customer Contract or suspend delivery of the Products until payment is made in full.
5.7 Refund of Payment: (a) All refunds shall be processed, to the person who made the original payment via an approved payment method, through boodaBEST Wallet. The refund amount can be withdrawn from the boodaBEST Wallet account balance, by following the instructions set out in here (b)We offer no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the company’s internal processing timeline. (c) All refunds are conditional upon our acceptance of a valid return of the Product. (d) We reserve the right to modify the mechanism of processing refunds at any time without notice.
6. Returns
6.1 Return Policy: All returns must be done in accordance with the instructions set out in the Return Policy at https://boodabest.com/helpcenter/returns-refunds/. Seller is not obliged to agree to any return unless all such instructions are followed to boodaBEST’s satisfaction.
6.2 Permitted returns: Subject to Clause 6.1, within 7 or 14 days from the date of delivery of the Product, depend on the information display with the Product, you may return a Product when you: *
6.2.1 receive a product that is fundamentally different in nature from the Product specified in the Customer Contract; or
6.2.2 receive a faulty or damaged Product.
6.3 When boodaBEST has provided the Customer a refund, the non-conforming Products or parts thereof shall become Seller’s property and upon request such Products or parts thereof should be shipped back to Seller at Customer’s cost.
7. Questions and complaints If you have any questions or complaints, please contact boodaBEST using the “Contact Us” page on the Platform. boodaBEST will liaise with Sellers on your questions and complaints.
8. Termination
8.1 Cancellation by you: You may cancel the Customer Contract before Seller dispatches the Products under such Customer Contract by written notice to boodaBEST at https://boodabest.com/contact-us. If the Products have already been dispatched, you may not cancel the Customer Contract but may only return the Products in accordance with Clause 6.
8.2 Cancellation by Seller: Without prejudice to any other right of termination elsewhere in these Terms & Conditions of Sale, Seller, or boodaBEST acting on Seller’s behalf, may stop any Products in transit, suspend further deliveries to the Customer and/or terminate the Customer Contract with immediate effect by written notice to the Customer on or at any time after the occurrence of any of the following events:
8.2.1 the Products under the Customer Contract being unavailable for any reason;
8.2.2 the Customer being in breach of an obligation under the Customer Contract;
8.2.3 the Customer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Customer’s winding up or dissolution;
8.2.4 the making of an administration order in relation to the Customer or the appointment of a receiver over or an encumbrancer taking possession of or selling any of the Customer’s assets; or
8.2.5 the Customer making an arrangement or composition with its creditors generally or applying to a Court of competent jurisdiction for protection from its creditors.
9. Risk and property of the Goods
9.1 Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery.
9.2 Notwithstanding delivery and the passing of risk in the Goods or any other provision of these Conditions the property in the Goods shall not pass to the Customer until boodaBEST has received in cash or cleared funds payment in full of the price of the Goods and all other goods agreed to be sold by Seller to the Customer for which payment is then due.
9.3 Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as Seller's fiduciary agent and bailee and shall keep the Goods separate from those of the Customer.
9.4 During the entire time the property of the Goods remains with Seller, the Customer agrees with Seller that the Customer shall immediately notify boodaBEST of any matter from time to time affecting Seller’s title to the Goods and the Customer shall provide boodaBEST with any information relating to the Goods as boodaBEST may reasonably require from time to time.
9.5 Until such time as the property in the Goods passes to the Customer (and provided the Goods are still in existence and have not been resold) boodaBEST shall be entitled at any time to demand the Customer to deliver the Goods back to boodaBEST. In the event of non-compliance boodaBEST reserves it’s right to take legal action against the Customer for the delivery up the Goods and also reserves its right to seek damages and all other costs including but not limited to legal fees against the Customer.
9.6 The Customer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of Seller but if the Customer does so all moneys owing by the Customer to Seller shall (without prejudice to any other right or remedy of Seller) forthwith become due and payable.
9.7 If the provisions in this Condition 9 are not effective according to the law of the country in which the Goods are located, the legal concept closest in nature to retention of title in that country shall be deemed to apply mutatis mutandis to give effect to the underlying intent expressed in this condition, and the Customer shall take all steps necessary to give effect to the same.
9.8 The Customer shall indemnify Seller against all loss damages costs expenses and legal fees incurred by the Customer in connection with the assertion and enforcement of Seller's rights under this condition
10. LIMITATION OF LIABILITY
10.1 SOLE REMEDIES OF CUSTOMER: THE REMEDIES SET OUT IN CLAUSE 6 ARE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES FOR NON-CONFORMITY OF OR DEFECTS IN THE PRODUCTS.
10.2 MAXIMUM LIABILITY: NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS & CONDITIONS OF SALE, SELLER’S MAXIMUM CUMULATIVE LIABILITY TO YOU OR TO ANY OTHER PARTY FOR ALL LOSSES UNDER, ARISING OUT OF OR RELATING TO THE SALE OF PRODUCTS UNDER EACH CUSTOMER CONTRACT, WILL NOT EXCEED THE SUMS THAT YOU HAVE PAID TO SELLER UNDER SUCH CUSTOMER CONTRACT. 10.3 EXCLUSION OF LIABILITY: boodaBEST INDEMNITEES SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES WHATSOEVER OR HOWSOEVER CAUSED (REGARDLESS OF THE FORM OF ACTION) ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH: (I) AMOUNTS DUE FROM OTHER USERS OF THE PLATFORM IN CONNECTION WITH THE PURCHASE OF ANY PRODUCT; (II) THE SALE OF THE PRODUCTS TO YOU, OR ITS USE OR RESALE BY YOU; AND (III) ANY DEFECT ARISING FROM FAIR WEAR AND TEAR, WILFUL DAMAGE, MISUSE, NEGLIGENCE, ACCIDENT, ABNORMAL STORAGE AND OR WORKING CONDITIONS, ALTERATION OR MODIFICATION OF THE PRODUCTS OR FAILURE TO COMPLY WITH SELLER’S INSTRUCTIONS ON THE USE OF THE PRODUCTS (WHETHER ORAL OR WRITTEN).
11. General
11.1 References to “boodaBEST”: References to “boodaBEST” in these Terms and Conditions of Sale apply both to boodaBEST’s actions on its own behalf as Seller and/or as the operator of the Platform or as the agent of Third Party Vendors as Sellers in respect of each and every Customer Contract.
11.2 Right to subcontract: Third Party Vendors shall be entitled to delegate and/or subcontract any rights or obligations under these Terms & Conditions of Sale to boodaBEST or any of boodaBEST’s designated service providers, subcontractors and/or agents.
11.3 Cumulative rights and remedies: Unless otherwise provided under these Terms & Conditions of Sale, the provisions of these Terms & Conditions of Sale and Seller’s rights and remedies under these Terms & Conditions of Sale are cumulative and are without prejudice and in addition to any rights or remedies Seller may have in law or in equity, and no exercise by Seller of any one right or remedy under these Terms & Conditions of Sale, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms & Conditions of Sale or at law or in equity) operate so as to hinder or prevent Seller’s exercise of any other such right or remedy as at law or in equity.
11.4 No waiver: Seller’s failure to enforce these Terms & Conditions of Sale shall not constitute a waiver of these terms, and such failure shall not affect the right later to enforce these Terms & Conditions of Sale. Seller would still be entitled to use its rights and remedies in any other situation where you breach these Terms & Conditions of Sale.
11.5 Severability: If at any time any provision of these Terms & Conditions of Sale shall be or shall become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms & Conditions of Sale.
11.6 Rights of third parties: A person or entity who is not a party to these Terms & Conditions of Sale shall have no right under any legislation in any jurisdiction to enforce any term of these Terms & Conditions of Sale, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this Clause shall affect the rights of any permitted assignee or transferee of these Terms & Conditions of Sale.
11.7 Governing law: These Terms & Conditions of Sale shall be governed by, and construed in accordance with the laws of Thailand and you hereby submit to the exclusive jurisdiction of the Courts of Thailand.
11.8 Except as provided for in Clause 11.7, any dispute, controversy or claim arising out of or relating to this contract, or the breach, termination or invalidity thereof may be settled by arbitration in accordance with the Rules for Arbitration of the Thai Arbitration Institute (TAI). The arbitral tribunal shall consist of a sole arbitrator, to be appointed by the Chairman of the TAI. The place of arbitration shall be Bangkok. Any award by the arbitration tribunal shall be final and binding upon the parties.
11.9 Injunctive relief: Seller may seek immediate injunctive relief if Seller makes a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is the only appropriate or adequate remedy.
11.10 Amendments: Seller may by notice issued jointly with boodaBEST through the Platform or by such other method of notification as Seller may designate solely through boodaBEST (which may include notification by way of e-mail), vary the terms and conditions of these Terms & Conditions of Sale, such variation to take effect on the date Seller specifies through the above means. If you use the Platform or the Services after such date, you are deemed to have accepted such variation. If you do not accept the variation, you must stop access or using the Platform and the Services and terminate these Terms & Conditions of Sale. Seller’s right to vary these Terms & Conditions of Sale in the manner aforesaid will be exercised with the joint involvement of boodaBEST (either via the Portal or such other means as boodaBEST prescribes) and subject to the foregoing, may be exercised without the consent of any person or entity who is not a party to these Terms & Conditions of Sale. The version of Terms & Conditions of Sale applicable to any particular Order is the latest version in force.
11.11 Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on Seller’s part shall be subject to correction without any liability on Seller’s part.
11.12 Currency: Money references under these Terms & Conditions of Sale shall be in Thailand Baht.
11.13 Language: In the event that these Terms & Conditions of Sale is executed or translated in any language other than English (“Foreign Language Version”), the English language version of these Terms & Conditions of Sale shall govern and shall take precedence over the Foreign Language Version.
11.14 Entire agreement: These Terms & Conditions of Sale shall constitute the entire agreement between you and Seller relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
11.15 Binding and conclusive: You acknowledge and agree that any records (including records of any telephone conversations relating to the Services, if any) maintained by Seller or its service providers relating to or in connection with the Platform and Services shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between Seller and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
11.16 Subcontracting and delegation: boodaBEST reserves the right to delegate or subcontract the performance of any of its functions in connection with the performance of its obligations under these Terms & Conditions of Sale and reserves the right to use any service providers, subcontractors and/or agents on such terms as boodaBEST deems appropriate.
11.17 Assignment: You may not assign your rights under these Terms & Conditions of Sale without Seller’s prior written consent. Seller may assign its rights under these Terms & Conditions of Sale to any third party.
11.18 Force Majeure: Neither boodaBEST nor Seller shall be liable for non-performance, error, interruption or delay in the performance of its obligations under these Terms & Conditions of Sale (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the Platform's and/or Services’ contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond boodaBEST’s or Seller’s reasonable control. -end-
Schedule 1 Definitions and Interpretation
1. Definitions. Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms of Use:
1.1 “Business Day” means a day (excluding Saturdays, Sundays and public holidays) on which banks generally are open for business in Thailand.
1.2 “Customer” means an authorized user of the Platform and/or the Services.
1.3 “Customer Contract” shall be as defined in Clause 2.6.
1.4 “Intellectual Property” means all copyright, patents, utility innovations, trade marks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
1.5 “boodaBEST Indemnitees” means boodaBEST and all of its respective officers, employees, directors, agents, contractors and assigns.
1.6 “3DS INTERACTIVE” refers to 3DS INTERACTIVE Co., Ltd., a company incorporated pursuant to the laws of Thailand under registration number 0105554081940 and having its registered address at AIA Sathorn Tower Room 606 Floor 6,11/1 S Sathorn Rd, Khwaeng Yan Nawa, Khet Sathon, Krung Thep Maha Nakhon 10120 Thailand.
1.7 “Listing Price” means the price of Products listed for sale to Customers, as stated on the Platform.
1.8 “Losses” means all losses, settlement sums, costs (including legal fees and expenses on a solicitor-client basis), charges, expenses, actions, proceedings, claims, demands and other liabilities, whether foreseeable or not.
1.9 “Order” means your order for Products sent through the Platform in accordance with the Terms & Conditions of Sale.
1.10 “Password” refers to the valid password that a Customer who has an account with boodaBEST may use in conjunction with the Username to access the relevant Platform and/or Services.
1.11 “Personal Data” means data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information.
1.12 “Platform” means (a) both the web and mobile versions of the website operated and/or owned by boodaBEST which is presently located at the following URL: https://boodabest.com; and (b) the mobile applications made available from time to time by boodaBEST, including the iOS and Android versions.
1.13 “Product” means a product (including any installment of the product or any parts thereof) available for sale to Customers on the Platform.
1.14 “Product Warranty” means a product (including any installment of the product or any parts thereof) available for sale to Customers on the Platform.
1.15 “Return Policy” means the return policy set out at https://boodabest.com/helpcenter/returns-refunds
1.16 “Third Party Vendor” means a seller which, with boodaBEST’s permission, uses the Platform and/or Services to sell Products to Customers, and excludes boodaBEST.
1.17 “Seller” means a seller of Products as described in Clause 2.3, and includes a Third Party Vendor.
1.18 “Services” means services, information and functions made available by Seller on the Platform.
1.19 “Terms & Conditions of Sale” means Clauses 1 to 11 and any Schedules to these terms and conditions.
1.20 “Terms of Use” means the terms and conditions governing the Customer’s use of the Platform and/or Services and are set out at https://boodabest.com/terms-conditions
1.21 “Trademarks” means the trademarks, service marks, trade names and logos used and displayed on the Platform.
1.22 “Username” refers to the unique login identification name or code which identifies a Customer who has an account with boodaBEST.
1.23 “Voucher” means a voucher for credit which may be used by a Customer, subject to other terms and conditions, towards the payment of purchases on the Platform.
1.24 “Voucher Terms & Conditions” are set out at http://boodabest.com/terms-conditions
1.25 “you” and “your” refer to the individuals over the age of 18 or otherwise under the supervision of a parent or legal guardian.
2. Interpretation: Any reference in these Terms & Conditions of Sale to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time. In these Terms & Conditions of Sale, whenever the words “include”, “includes” or “including” are used, they will be deemed to be followed by the words “without limitation”. Unless expressly indicated otherwise, all references to a number of days mean calendar days, and the words “month” or “monthly” as well as all references to a number of months means calendar months. Clause headings are inserted for convenience only and shall not affect the interpretation of these Terms & Conditions of Sale. In the event of a conflict or inconsistency between any two or more provisions under these Terms & Conditions of Sale, whether such provisions are contained in the same or different documents, such conflict or inconsistency shall be resolved in favour of boodaBEST and the provision which is more favourable to boodaBEST shall prevail. Terms & Conditions for Voucher The following terms and conditions (T&Cs) apply to your use and redemption of promotional vouchers or voucher codes distributed by boodaBEST
2. Vouchers are valid only on the boodaBEST website or mobile application.
3. In order to use the vouchers, voucher codes must be entered at the checkout page.
4. Vouchers codes are to be used for a one time purchase only.
5. Customers are only allowed to redeem one voucher per day.
6. boodaBEST reserves the right to cancel or modify orders, or revoke the use of voucher codes, where the vouchers are used in the following circumstances: (a) suspicious or fradulent voucher use; (b) voucher abuse, including vouchers redeemed using multiple accounts or multiple checkouts associated with the same customer or group of customers; and/ or (c) vouchers used in bad faith (including resold vouchers, or use of vouchers on orders made and intended for resale).
7. Unless otherwise stated, vouchers or other promotional discounts are not valid in conjunction with other tactical promotions or discounts, with the exception of pre-discounted products on boodaBEST.
8. Additional terms and conditions may be specified in relation to specific voucher codes (for example, duration, discount amount and products covered), and will govern the use and redemption of those vouchers in addition to these terms.
9. Vouchers are not exchangeable for cash.
10. boodaBEST reserves the right to change these terms or cancel any promotions at any time without notice. Mobile Credit Top Up Terms and Conditions
1. Service Terms
1.1. By using the Mobile top-up recharge service (the “Service”), you agree to be bound by the terms and conditions of the Service (the “Service Terms”), in addition to the Terms of Use for the boodabest.com website and/or the boodaBEST mobile app, which are incorporated by reference into these Service Terms. For the avoidance of doubt, capitalised terms used and not defined herein have the same meaning as given to such terms in the Terms of Use. In the event of a conflict between the provisions of the Service Terms and the Terms of Use, the provisions of the Service Terms shall prevail.
2. Service Conditions and limits
2.1. The Service is only available to Customers who are eligible users (“Eligible Users”). An Eligible User is a Customer who has registered a pre-paid mobile phone sim card with Total Access Communication Public Company Limited, Advanced Info Service Public Company Limited, True Corporation Public Company Limited or CAT Telecom Public Company Limited (each a “Telecommunications Service Provider”), and who is not:
2.1.1. Using a post-paid mobile phone sim card;
2.1.2. Using a tourist sim-card;
2.1.3. Using a pre-paid mobile phone sim card that has been ported over;
2.1.4. Using a pre-paid mobile phone sim card that has not been activated; or
2.1.5. Using a pre-paid mobile phone sim card that has expired, in conjunction with the Service.
2.2. Notwithstanding that a Customer is an Eligible User, the Service may not be used within ten minutes from an earlier transaction. The Service may only be used up to a maximum of two (2) times per day, three (3) times in a consecutive seven (7) day period, or five (5) times in a consecutive thirty (30) day period in respect of each pre-paid mobile account; and subject further to a maximum top-up value of $250 for each pre-paid mobile account over a consecutive thirty (30) day period. boodaBEST reserves the right to reject any use of the Service if any of the above limits are exceeded or will be exceeded. boodaBEST reserves the right to reject any use of the Service if any of the above limits are exceeded, at its sole discretion.
2.3. The Service shall be accessible from the website determined by boodaBEST from time to time.
2.4. The Customer shall use, and shall procure that any person the Customer permits or allows to use the Service shall use the Service in accordance with the Service Terms and with such other guidelines, rules and requirements as boodaBEST may issue from time to time or any applicable law.
3. Refunds and Cancellations
3.1. A Customer shall only be entitled to a refund where:
3.1.1. Customer is an Eligible User; and
3.1.2. Customer receives an incorrect mobile top-up, or where delivery of the mobile top-up to Customer fails, and such failed delivery is not attributable to the default or conduct of the Customer. For the avoidance of doubt, a Customer shall not be eligible for a refund where Customer has inserted an incorrect, invalid, incomplete or otherwise deficient mobile phone number.
3.2. boodaBEST reserves the right to cancel or reject any use of this Service at its sole discretion, including without limitation, where it deems that any transaction is fraudulent or suspects that it is fraudulent.
4. Customer’s Obligations
4.1. The Customer acknowledges and agrees that:
4.1.1. the Customer shall not use the Service or permit the use of the Service in any manner which may adversely affect other Customers' use of the Service and/or any other service provided to such Customers, as boodaBEST may reasonably determine;
4.1.2. the Service is offered to the Customer on an "as is" basis;
4.1.3. the Customer is responsible for obtaining access to the Service and complying with the Service Terms;
4.1.4. use of the Service constitutes acceptance of these Terms;
4.1.5. Customer is responsible for all information the Customer submits, transmits or otherwise makes available during use of the Service;
4.1.6. Customer is responsible for all transactions carried out pursuant to the Service relating to the Customer's pre-paid mobile account(s);
4.1.7. boodaBEST is in no way responsible for any credit card or online top-up transactions carried out pursuant to the Service and any errors in processing payment, payment disputes and/or any other payment related matters pursuant to the Service shall be referred by the Customer directly with the respective bank(s) issuing the credit card(s);
4.1.8. boodaBEST may require the Customer to submit information from time to time pursuant to the Service (which may include financial information and credit card details) and such information and details may (subject to any obligations of confidentiality) be made available by boodaBEST to third parties for purposes of facilitating the provision of the Service;
4.1.9. the Customer shall comply with all applicable laws when using the Service;
4.1.10. boodaBEST expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind, express or implied, statutory or otherwise or any representations or warranties arising from usage or custom or trade or by operation of law, including (without limitation) as to the sequence, originality, correctness, completeness, accuracy, timelines, currency, noninfringement, merchantability or fitness for any particular purpose in relation to the Service;
4.1.11. boodaBEST to the fullest extent permitted by law exclude all warranties, rights and remedies (including warranties implied by statute or otherwise) that the Customer would otherwise be entitled to by law.
5. Availability of Service
5.1. The Customer acknowledges that Service availability is subject to:
5.1.1. availability of resources including, without limitation, availability of https://boodabest.com website and/or the boodaBEST mobile app; and
5.1.2. systems at the time and location when the Service is requested or delivered.
5.2. The Customer accepts that boodaBEST shall not be responsible to the Customer for any loss, damage, claim or compensation of whatever nature arising from or related to the Service including but not limited to any alleged unauthorized transactions, disruptions, errors, defects or unavailability of Service, loss of data or damage to any mobile equipment of the Customer. boodaBEST does not make any warranty on the performance and capability of the http://boodabest.com website and/or the boodaBEST mobile app, the Service and/or any software or hardware used with the Service or any application accessed by the Customer using the http://boodabest.com website and/or the boodaBEST mobile app and/or Service.
5.3. The Customer accepts and acknowledges that boodaBEST may suspend, terminate and/or discontinue the Service and/or access of any Customer to the Service or any part thereof at any time in its sole and absolute discretion without prior notice and without any liability whatsoever to the Customer.
6. Use and disclosure of data
6.1. The Customer agrees that boodaBEST shall be entitled to use or disclose any information or data disclosed by the Customer in accordance with boodaBEST’s Privacy Policy. The Customer is entitled to withdraw such consent in the procedure as prescribed by boodaBEST from time to time.
7. Miscellaneous
7.1. The Customer shall be bound by and shall fully observe and comply with all Service Terms, Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed or accepted by the Customer. The rights and protections conferred on boodaBEST under these Terms shall be additional to the rights and protections conferred on boodaBEST under the Service Terms, Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed or accepted by the Customer.
7.2. Any Clause in the Service Terms, Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed or accepted by the Customer, that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other Clauses, which Clauses shall continue to be valid and enforceable to the fullest extent permitted by law.
7.3. boodaBEST reserves the right to alter, modify, add to or otherwise vary these Terms from time to time, and in such manner as boodaBEST deems appropriate. The Customer shall be bound by the terms and conditions so amended. In any event, if the Customer continues to use the Service after such notice, the Customer shall be deemed to have accepted the amendments. Vouchers & Gift Cards
1. General
1.1 By purchasing and/or using digital voucher(s) or digital coupon(s) bought from the Platform (the “Digital Good(s)”), you, the Customer (as defined in the Terms of Use), agree to be bound by these Digital Goods Terms and Conditions (the “Digital Goods Terms”), in addition to the Terms of Use for the Platform, which are incorporated by reference into these Digital Goods Terms.
1.2. For the avoidance of doubt, capitalised terms used and not defined herein have the same meaning as given to such terms in the Terms of Use. In the event of a conflict between the provisions of these Digital Goods Terms and the Terms of Use, the provisions of these Digital Goods Terms shall prevail.
1.3. You should refer to the product details page of the relevant Digital Good(s) ("Product Details Page") for any Seller (as defined in the Terms of Use) specific terms and conditions and expiry dates.
2. Issuance of Digital Good(s)
2.1. When you buy a Digital Good(s), you will receive it via your provided email and/or via your boodaBEST Wallet (as defined in the boodaBEST Payment Account User Terms and Conditions).
2.2. If, for whatever reason, you fail to receive the Digital Good(s) in accordance with these Digital Goods Terms, boodaBEST may at its sole and absolute discretion offer a voucher to you. Upon the acceptance of such voucher by you, you agree that you shall have no further claim against Seller.
2.3. Seller is the issuer of the Digital Good(s) but is not responsible for failure to issue as a result of any Platform or boodaBEST Wallet failure. You acknowledge and agree that you shall not hold boodaBEST responsible for any failure or error in the issuance of the Digital Good(s), whether as a result of Platform or boodaBEST Wallet failure or otherwise.
2.4. You acknowledge that purchase and receipt of the Digital Goods(s) is subject to the issuance and availability of the Digital Good(s). In lieu of the Seller, boodaBEST may be responsible for delivering the Digital Good(s), in which case boodaBEST will use reasonable efforts to do so, within the lead-time as stated in the Product Details Page of the Digital Good(s).
3. Digital Good(s) – Loss, Theft, Used in Error or Used Prematurely Once purchased, the Digital Good(s) is your responsibility and any Digital Good(s), including any accompanying QR code, barcode, PIN codes and/or serial number (each a "Code"), that are lost or stolen, used in error or used prematurely shall not be replaced.
4. Redeeming Digital Good(s)
4.1. Instructions on how to redeem Digital Good(s) may be made available on the Product Details Page.
4.2. You acknowledge that fulfilment of the Digital Good(s) is not guaranteed. It is subject to circumstances which may or may not be beyond the control of boodaBEST, including but not limited to the availability of the Digital Good(s), or the failure of Seller to procure the merchant's agreement to provide the relevant merchant's goods and services upon redemption of the Digital Good(s). You agree not to hold boodaBEST liable for any errors, omissions, service interruptions, faults, defects, failure to conclude a redemption of the Digital Good(s).
4.3. Codes may be used to redeem products and/or services at the Seller's or Seller-specified merchant's premises stated in the Product Details Page.
5. Your Obligations and Use of the Digital Good(s)
5.1. You acknowledge and agree that:
5.1.1. Digital Good(s) can only be redeemed within the period of time and the premises, where applicable, specified on the Product Details Page;
5.1.2. Digital Good(s) cannot be redeemed on certain black-out dates or promotion dates set by Seller or boodaBEST;
5.1.3. You shall not use Digital Good(s) or permit the use of Digital Good(s) in any manner which may adversely affect other Customers’ use of Digital Good(s) and/or any other Service (as defined in the Terms of Use) provided to such Customers, as boodaBEST may reasonably determine;
5.1.4. Digital Good(s) are offered to you on an “as is” basis, and unless otherwise specified in these Digital Goods Terms;
5.1.5. reproduction, sale, resale or trade of Digital Good(s) is prohibited, and any attempt to carry out any of these activities entitles boodaBEST to void the Digital Good(s) at its option;
5.1.6. if the Digital Good(s) are redeemed for less than its face value, there is no entitlement to cashback, cash or new Digital Good(s) equal to the difference between the face value and the amount redeemed;
5.1.7. Digital Good(s) are redeemable in their entirety only and may not be redeemed incrementally;
5.1.8. it is at the discretion of the merchant to determine whether the Digital Good(s) may be combined with any other promotions, vouchers, third party certificates or coupons;
5.1.9. use or purchase of the Digital Good(s) constitutes acceptance of these Digital Goods Terms;
5.1.10. you are responsible for all information you submit, transmit or otherwise make available during the purchase or redemption of any Digital Good(s); and
5.1.11. to the fullest extent permitted by law, boodaBEST expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind, express or implied, statutory or otherwise or any representations or warranties arising from usage or custom or trade or by operation of law, including (without limitation) as to the sequence, originality, correctness, completeness, accuracy, timeliness, currency, non-infringement, merchantability or fitness for any particular purpose in relation to any Digital Good(s) or Code, without prejudice to any other provision in these Digital Goods Terms.
6. Refunds, Exchange and Cancellations
6.1. Any Digital Good(s) bought cannot be returned, refunded, transferred and/or cancelled after purchase, unless a refund and/or cancellation is permitted in accordance with Clause 6.6.
6.2. Issued Digital Good(s) cannot be exchanged for cash. Each Seller may have its own policy on the exchange of issued Digital Good(s).
6.3. Replacement of the Digital Good(s) may be allowed, at boodaBEST’s sole and absolute discretion, if there is a systemic failure on Seller or boodaBEST’s part.
6.4. Exchange of a Product (as defined in the Terms of Use) or service purchased using Digital Good(s) shall be subject to Seller’s terms and conditions.
6.5. boodaBEST reserves the right to cancel or reject the use of any Digital Good(s) at its sole and absolute discretion, including, without limitation, where it deems or suspects that any transaction is fraudulent.
6.6. Notwithstanding Clause 2.3, boodaBEST may, at its sole and absolute discretion, permit a refund and/or cancellation of Digital Good(s), provided always that the Digital Good(s) have not expired.
7. Availability of Digital Good(s)
7.1. You acknowledge that purchase or redemption of Digital Good(s) are subject to resource availability, including, without limitation, availability of the Platform.
7.2. boodaBEST does not make any representation, warranty or guarantee:
7.2.1. on the performance and capability of the Platform;
7.2.2. that the boodaBEST Wallet and the Codes are appropriate and available for use at all times;
7.2.3. about the accuracy, reliability, suitability, completeness or timeliness of the boodaBEST Wallet and/or the Codes;
7.2.4. about the quality, suitability, safety or ability of the Digital Good(s) issued by the Seller;
7.2.5. about the quality, suitability, safety or ability of the goods and/or services made available by the merchants; and/or
7.2.6. on the success of any redemption of the Digital Good(s).
7.3. You acknowledge and accept that boodaBEST may suspend, terminate and/or discontinue the purchase or redemption of the Digital Good(s) at its sole and absolute discretion without prior notice and without any liability whatsoever to you.
8. Use and Disclosure of Data
8.1. You agree that boodaBEST shall be entitled to use or disclose any information or data disclosed by you in accordance with boodaBEST’s Privacy Policy. You are entitled to withdraw such consent in the procedure as prescribed by boodaBEST from time to time.
8.2. Order issuance in relation to Digital Good(s) may be handled by a third party appointed by boodaBEST, in which case you may receive direct communication of Digital Good(s) Codes from the third party.
9. Miscellaneous
9.1. The rights and protections conferred on boodaBEST under these Digital Goods Terms shall be additional to the rights and protections conferred on boodaBEST under the Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed to or accepted by you .
9.2. Any clause in these Digital Goods Terms, Terms of Use, Privacy Policy and other terms and conditions as may be agreed to or accepted by you that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other clauses, which clauses shall continue to be valid and enforceable to the fullest extent permitted by law.
9.3. boodaBEST reserves the right to alter, modify, add to or otherwise vary these Digital Goods Terms from time to time, and in such manner as boodaBEST deems appropriate without prior notice. You shall be bound by the terms and conditions so amended. In any event, if you continue to use the Digital Good(s) after such amendment, you shall be deemed to have accepted the amendments. boodaBEST Payment Account User Terms and Conditions These Terms and Conditions govern your access and use of the boodaBEST virtual payment account ("boodaBEST Payment Account"). A. The boodaBEST Payment Account is operated by GHL ePayments Co., Ltd. ("eGHL") for boodaBEST Group ("boodaBEST"). All references in these Terms and Conditions to "we," "us," or "our" shall refer to eGHL as operator of the boodaBEST Payment Account. "You" and "your" shall refer to the User. The boodaBEST Payment Account is associated with your boodaBEST Account and is intended for effecting payment for the purchase of goods and/or services offered by the boodaBEST group of companies by registered Users. By requesting and/or using the boodaBEST Payment Account, you, the User, agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the boodaBEST Payment Account. B. These Terms and Conditions are in addition to the terms and conditions governing your use of the boodaBEST Website and your boodaBEST Account available at [Link to boodaBEST Terms and Conditions]. C. These Terms and Conditions are supplemented by boodaBEST's Membership Protection Policy ("Membership Protection Policy"), which give all boodaBEST customers the assurance of authorized payments on the boodaBEST Payment Account. The Membership Protection Policy also sets out compensation guidelines for losses arising from any unauthorized transactions on the boodaBEST Payment Account. DEFINITIONS AND INTERPRETATION Unless the context otherwise requires, the following expressions shall have the following meanings in these Terms and Conditions: "eGHL" means the entity set out in the recitals to these Terms and Conditions and includes its successors and assigns. "Foreign Language Version" is defined under clause 14.9 of these Terms and Conditions. "Indemnitees" means eGHL's and boodaBEST’s respective officers, employees, directors, agents, contractors and assigns. "boodaBEST" means the entity set out in the recitals to these Terms and Conditions and includes its successors and assigns. "boodaBEST Account" means the online account of the User on the boodaBEST Website. "boodaBEST Payment Account" is defined in the recitals to these Terms and Conditions. "boodaBEST Payment Account Balance" is defined in clause 3.1 of these Terms and Conditions. "boodaBEST Website" is defined as the website or the mobile application (as applicable) from which you purchased the goods [or services] offered by the boodaBEST group of companies. "Payment Instrument" is defined in clause 3.1. "Personal Data" means data which can be used to identify, contact or locate an individual. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information. "Privacy Policy" is defined in clause 2.6. "Promo Coupon" means, to the extent permitted by local law, a promotional coupon which is issued by [boodaBEST] to a User relating to boodaBEST Payment Account, from time to time as a gratuity, by crediting the coupon amount into the User’s boodaBEST Payment Account, and may be used by the relevant User to pay for goods [or services] on the boodaBEST Website prior to the relevant Promo Coupon’s expiry date, as determined at the sole discretion of boodaBEST and subject to conditions as may be imposed by boodaBEST from time to time. "Refund Coupon" means a refund coupon which is issued by [boodaBEST], by way of refunding a User’s previous purchase of goods (or services) on the boodaBEST Website and subject to conditions as may be imposed by boodaBEST from time to time. "Registration Information" is defined under clause 2.1 of these Terms and Conditions and may include Personal Data. "Service Fees" is defined in clause 5.1. "User" means an authorized user of the boodaBEST Payment Account.
1. ACCESS TO THE boodaBEST PAYMENT ACCOUNT
1.1 You agree to:
1.1.1 use your boodaBEST Payment Account only for lawful purposes and in a lawful manner at all times and further agree to conduct any activity relating to the boodaBEST Payment Account in good faith;
1.1.2 comply with any and all guidelines, notices, operating rules, and policies and instructions pertaining to the use of the boodaBEST Payment Account, as well as any amendments thereto issued by us from time to time; and
1.2 It is our policy to prohibit and actively pursue the prevention of money laundering and any activity that facilitates money laundering or the financing of terrorist or criminal activities. We are committed to anti-money laundering compliance in accordance with applicable law and requires our directors, officers and employees to adhere to these standards in preventing the use of our products and services for money laundering purposes.
1.3 Use of the boodaBEST Payment Account is restricted to registered users of the boodaBEST Website.
2. REGISTRATION
2.1 The registration process for the boodaBEST Payment Account requires you to provide boodaBEST with accurate and complete personal information, including your name, address, telephone number, date of birth, email address and any other information as may be deemed necessary by us ("Registration Information"). You shall be responsible to update the Registration Information to ensure its completeness and accuracy. You acknowledge and agree that boodaBEST may share your Registration Information with us from time to time.
2.2 In addition to such Registration Information, we may request for additional information or documentation at any time and for any reason, including confirming your identity, age and/or to confirm your bank details or debit, credit, prepaid facilities, for example, cards which you have registered with us. You agree that you will provide such information and/or documentation promptly to us upon request. If you do not provide such information and/or documentation promptly, we may, without any liability to us, either limit your use of the boodaBEST Payment Account or suspend or close your boodaBEST Payment Account.
2.3 You authorize us to make any enquiries we consider necessary to validate and verify your identity (whether directly or through third parties) at any time for any reason whatsoever, including to process any refunds paid to you.
2.4 Each User is only entitled to have one (1) boodaBEST Payment Account associated with his or her boodaBEST Account. Account information
2.5 You are solely responsible for keeping your username and password to your boodaBEST Payment Account secure. You are encouraged to change your password on a regular basis and we will not be liable for any disclosure or unauthorised use of your username or password. If your username or password has been compromised, you must inform boodaBEST immediately.
2.6 All Personal Data provided to us will be handled, stored, and processed according to our boodaBEST Payment Account privacy policy (“Privacy Policy”) [link to Privacy Policy]. By accepting these Terms and Conditions, you acknowledge that you have read and agree with the Privacy Policy and consent to our collection, use and disclosure of your Personal Data for the purposes as set out in the Privacy Policy.
3 boodaBEST PAYMENT ACCOUNT BALANCE
3.1 You may maintain funds in your boodaBEST Payment Account, and such funds, less any monies owed to us, will be regarded as the balance of your boodaBEST Payment Account ("boodaBEST Payment Account Balance"). Funds can be accumulated in your boodaBEST Payment Account Balance by means of a transfer of funds from certain payment instruments we accept (including debit cards, checking and savings account or other prepaid payment method we allow, collectively, "Payment Instruments").
3.2 You may also fund your boodaBEST Payment Account by way of a Promo Coupon or a Refund Coupon issued to you by [boodaBEST] from time to time. Use of any Promo Coupons or Refund Coupons is subject to the terms and conditions thereof. Please note that Promo Coupons or Refund Coupons are not legal tender and are not transferable. The value of any Promo Coupons (prior to its applicable expiry date) and/or Refund Coupons will be included in your boodaBEST Payment Account Balance.
3.3 For any transfer from a Payment Instrument to your boodaBEST Payment Account Balance, we make no representation that any of your Payment Instrument(s) are in good standing, or that the issuer of your Payment Instruments will authorise or approve such transfer.
3.4 Unless otherwise stated, you are solely liable for any fees raised by third parties including card issuers or banks, associated with funding your boodaBEST Payment Account Balance. However, we reserve the right to decline acceptance of any payment instruments, including credit cards, debit cards or bank accounts, as funding methods at our sole discretion.
3.5 We reserve the right to impose limits on your use of boodaBEST Payment Account from time to time, including (i) the amount of value you may load your boodaBEST Payment Account at any one time; and (ii) the aggregate funds loaded to your boodaBEST Payment Account over any time period.
3.6 You may maintain fund in your boodaBEST Payment Account not more than 25,000 THB or other amount subject to the rules and regulations of the Bank of Thailand (BOT) and the Anti-Money Laundering Office (AMLO), as amended. eGHL may, at its sole discretion, run a loyalty or rewards program relating to the use of the boodaBEST Payment Account. Your rights and obligations in relation to any such loyalty or rewards program shall be covered by separate terms and conditions specific to the relevant loyalty or rewards program.
4. USING YOUR boodaBEST PAYMENT ACCOUNT
4.1You may use your boodaBEST Payment Account to purchase goods and/or services through the boodaBEST Website. For security reasons, we may limit the amount or number of transactions you can make through your boodaBEST Payment Account. We may require that you submit additional identification documents prior to you making a purchase at our sole discretion.
4.2 Each time you use your boodaBEST Payment Account, you authorize us to reduce the value available in your boodaBEST Payment Account Balance by the total amount of the transaction and where applicable, any fees, including shipping fees, payment fees and all applicable taxes. The amount of any purchases will first be applied to any Promo Coupons or Refund Coupons, if applicable, (based on the earliest expiry date for each such Promo Coupon or Refund Coupon) which have been credited to your boodaBEST Payment Account Balance. You can only make payments using your boodaBEST Payment Account to the extent that you have boodaBEST Payment Account Balance sufficient to support those transactions. You are not allowed to make purchases in excess of your boodaBEST Payment Account Balance. We will not extend credit in connection with your use of your boodaBEST Payment Account, and you must repay us immediately if your boodaBEST Payment Account Balance is ever less than zero for whatever reason.
4.3 You are responsible for all transactions initiated and fees incurred by using your boodaBEST Payment Account. If other persons access your boodaBEST Payment Account, we will treat this as if you have authorized such use and you will be responsible for any transactions made and fees incurred by such use, subject to the provisions below.
4.4 You must notify us immediately of any unauthorized use of boodaBEST Payment Account or any other breach of security regarding the boodaBEST Payment Account of which you have knowledge. You must report any such activities within ninety (90) days of the date of the relevant transaction for any claims for unauthorized use of your boodaBEST Payment Account to be valid for consideration [under boodaBEST’s Membership Protection Policy]. You hereby waive your right to seek any further compensation or claim against us.
4.5 The details in the confirmation message after every transaction and the entries in your boodaBEST Payment Account or transaction history statement are presumed true and correct unless you notify in writing of any disputes thereon within ninety (90) days from the date of transaction. If no dispute is reported within the said period, all transactions and the entries in your boodaBEST Payment Account and transaction history statement are deemed conclusively true and correct. Disputed transactions shall only be credited back to your boodaBEST Payment Account once the relevant claim or dispute has been properly processed, investigated, and proven in your favour.
4.6 Notwithstanding anything to the contrary under boodaBEST’s Membership Protection Policy, you agree that we will not process any chargeback or payment reversal or otherwise compensate you for any loss resulting from any claims for unauthorized use of your boodaBEST Payment Account under any of the following events, as determined at our sole and absolute discretion:
4.6.1 where any such claims relate to transactions that are found to be conducted on your trusted device, your IP address or any other user‐acceptable boundaries;
4.6.2 where you have acted fraudulently or with negligence, including but not limited to cases where you have wilfully disclosed your boodaBEST Payment Account log-in details to a third party;
4.6.3 if you fail to provide us with any relevant documentation as reasonably requested by us in relation to any such unauthorized transactions;
4.6.4 where any funds in your boodaBEST Payment Account are subject to legal process or other encumbrance restricting transfer;
4.6.5 where any such transactions took place under circumstances beyond our control, including but not limited to natural disasters, civil unrest etc. which are beyond reasonable control; and/or 4.6.6
4.6.6 where any terminal or system (including our or boodaBEST’s website or services) was not working properly or suffering any other technical malfunction before you initiated the relevant transaction.
4.7 Subject to clauses 6 and 7.4, no redemption of cash, transfer of funds or cash withdrawal is permitted in respect of any amounts on your boodaBEST Payment Account.
4.8 We shall have the right to refuse any transaction on your boodaBEST Payment Account if:
4.8.1 the transaction does not satisfy these Terms and Conditions or the terms and conditions of your boodaBEST Account; or
4.8.2 where we have reason to believe that the transaction may violate any laws, rules or regulations or may otherwise subject us or any of our affiliates to liability or obligation.
4.8.3 such transaction involving the use of any Promo Coupon or Refund Coupon where we or boodaBEST suspects any coupon abuse or fraud or any illegal activities in relation to your boodaBEST Payment Account.
4.9 When using your boodaBEST Payment Account to pay for a purchase on the boodaBEST Website, payments may be processed through accounts owned by us or one of our affiliates and/or a registered third party service provider acting on our behalf.
4.10 For each purchase transaction you make on the boodaBEST Website, we will transfer funds from your boodaBEST Payment Account when the first of any of the following events occurs:
4.10.1 we receive confirmation of a successful completion of the purchase from boodaBEST;
4.10.2 you fail to confirm receipt of the goods or services within the time limit prescribed under the terms and conditions of the boodaBEST Website, in which case you will be deemed to have received the goods or services;
4.10.3 the conclusion of any settlement agreement or dispute between you and any other user of the boodaBEST Website and/or boodaBEST, in which case the funds will be disposed in accordance with such settlement agreement or dispute resolution; or
4.10.4 boodaBEST or any of its affiliates, or us or any of our affiliates receives any order, ruling, award or judgment from a competent court, arbitration tribunal or authority which directs us to release the funds, in which case the funds will be disposed in accordance with such order, ruling, award or judgment.
4.11 When releasing any funds, we shall have the right to deduct or withhold any financial charges or service fees due and payable to us and/or boodaBEST in such amounts as instructed by boodaBEST.
4.12 If you experience any difficulties with your boodaBEST Payment Account, please contact us at https://boodabest.com/contact-us. If you have placed an order on the boodaBEST Website and experience difficulties with your order, please contact customer service https://boodabest.com/contact-us.
4.13 You shall complete any purchases in accordance with the applicable terms and conditions of the boodaBEST Website https://boodabest.com/terms-conditions, which may be amended from time to time at boodaBEST’s discretion without notice.
4.14 You agree to give all notices, provide all necessary information, materials and approvals, and render all reasonable assistance and cooperation necessary for us to operate your boodaBEST Payment Account. If your failure to do so results in any delay in any transaction on your boodaBEST Payment Account, neither we nor boodaBEST shall be liable for any loss or damages arising from such delay.
4.15 You acknowledge and agree that we are not a bank or remittance agent and the services we provide to you in connection with your boodaBEST Payment Account should in no way be construed as the provision of banking services or remittance services. We are not acting as a trustee, fiduciary or escrow with respect to your boodaBEST Account Balance.
4.16 We may report any suspicious activity in connection with your boodaBEST Payment Account to the relevant authorities 5. FEES We reserve the right to impose fees to cover the relevant costs of providing the boodaBEST Payment Account services to you including those associated with the set-up and maintenance of your boodaBEST Payment Account ("Service Fee").
6. REFUNDS If, having purchased goods or services on the boodaBEST Website using your boodaBEST Payment Account, you are subsequently entitled to a refund for any reason in respect of such goods or services, you agree that [we will either (i) issue a Refund Coupon to be credited to your boodaBEST Payment Account Balance for such refunds; or (ii) where the purchase was made using a credit card, credit the refund to the same credit card]. We may require you to provide additional information prior to processing any refund.
7 CLOSURE AND NON-USE OF YOUR boodaBEST PAYMENT ACCOUNT
7.1 You may request that we close your boodaBEST Payment Account at any time by contacting our customer support team. Contact details of the customer support team are available at https://boodabest.com/contact-us.
7.2 We may, at any time and at our absolute and sole discretion:
7.2.1 discontinue your use of the boodaBEST Payment Account or any part thereof;
7.2.2 close your boodaBEST Payment Account; and/or
7.2.3 reactivate your boodaBEST Payment Account upon the completion of any relevant internal investigations (where applicable).
7.3 We shall endeavour to provide notice of any such discontinuation or closure of your boodaBEST Payment Account. You agree that we shall not be liable to you in relation to any inability of yours to access your boodaBEST Payment Account or any part thereof.
7.4 Closure of your boodaBEST Payment Account will not cancel any cleared transactions which you have already undertaken.
7.5 If your boodaBEST Payment Account is closed for any reason, we will contact you to arrange for the refund of any residual electronic funds in that boodaBEST Payment Account as set out in clause
7.6. In no event shall you be entitled to any refund in respect of any boodaBEST Payment Account Balance attributable to Promo Coupons.
7.6 You remain liable for all obligations related to your boodaBEST Payment Account. Closure of your boodaBEST Payment Account does not relieve you of any liability pertaining to your boodaBEST Payment Account. In the event of a pending investigation at the time your boodaBEST Payment Account is closed, we may continue to hold your funds for up to one hundred and eighty (180) days from the date of closure in order to protect us against any loss. If we suspect that you have used your boodaBEST Payment Account for any illegal purposes, we may hold any outstanding boodaBEST Payment Account Balance for such time as we determine in our absolute discretion or as required by law.
7.7 We will refund any electronic funds in your boodaBEST Payment Account as soon as practicable after its closure through any payment method we deem in our discretion most suitable, on the condition that you provide us with:
7.7.1 valid bank account details where the name and address details of that bank account's holder match the name and address details of your boodaBEST Payment Account; and
7.7.2 a copy of a [valid form of ID] (e.g. a passport or driver’s licence), which we may accept at boodaBEST’s sole discretion.
7.8 We have the right not to return to you any disputed funds or any funds which relate to a breach of these Terms and Conditions until such time such a dispute has been resolved or where a court of a competent jurisdiction has decided on the matter.
7.9 If you have not transacted on your boodaBEST Payment Account for [12] months or more, your boodaBEST Payment Account shall be deemed inactive and we reserve the right to impose an administrative charge against the remaining amount in your boodaBEST Payment Account Balance, until a transaction is made. Your boodaBEST Payment Account will be terminated by us once there are insufficient funds to pay the administrative charges.]
7.10 We reserve the right to carry out any necessary money laundering, terrorism financing, fraud or any other illegal activity checks before authorizing any withdrawal of your funds, including returning any funds to you after your boodaBEST Payment Account has closed or before any refunds are processed.
8 AMENDMENTS We may amend these Terms and Conditions any time by posting an updated version at boodaBESTpay.in.th. The updated version of these Terms and Conditions shall take effect immediately upon posting. Each time you use your boodaBEST Payment Account you confirm that you agree to be bound by these Terms and Conditions as may be amended from time to time.
9 AVAILABILITY OF boodaBEST PAYMENT ACCOUNT We may, from time to time and without giving any reason or prior notice to you, upgrade, modify, suspend or discontinue the provision of your boodaBEST Payment Account and we shall not be liable if any such upgrade, modification or suspension prevents you from accessing your boodaBEST Payment Account or any part of it.
10 REPRESENTATIONS, WARRANTIES AND INDEMNITY By accepting these Terms and Conditions, you represent and warrant that you are at least 20 years of age and not violating any applicable laws or regulations through your use of your boodaBEST Payment Account, and you agree to defend, indemnify and hold us, our Indemnitees, affiliates and authorized representatives harmless from any claim, demand (including legal fees and costs), fines, penalties or other liability incurred by us due to or arising out of your breach of this representation and warranty.
11 RESTRICTED ACTIVITIES
11.1 In connection with your use of your boodaBEST Payment Account, you shall not:
11.1.1 Provide false, inaccurate or misleading information;
11.1.2 Use your boodaBEST Payment Account for any illegal activities;
11.1.3 Use your boodaBEST Payment Account in a manner that may result in complaints, disputes, claims, penalties or other liability to us, other users or third parties or may be regarded as an abuse of the relevant card system or a violation of the relevant card association or network rules; or
11.1.4 Breach these Terms and Conditions and/or the Privacy Policy or violate any applicable laws and regulations.
11.2 If we, in our sole discretion, believe that you may have engaged in the above restricted activities, we may take various actions, including the following:
11.2.1 We may suspend or restrict your access to and/or close your boodaBEST Payment Account;
11.2.2 We may terminate these Terms and Conditions and refuse to provide the services to you;
11.2.3 We may place a hold on your boodaBEST Payment Account Balance for up to 180 days if reasonably needed to protect against the risk of liability; or
11.2.4 We may take legal action against you.
11.3 If you are below 20 years old you must obtain consent from your parent(s) or legal guardian(s). By consenting to your acceptance of these Terms and Conditions, your parent(s) or legal guardian(s) are agreeing to take responsibility for: (i) your actions in your use of the boodaBEST Payment Account; (ii) any charges associated with your use of any of the boodaBEST Payment Account; and (iii) your compliance with these Terms and Conditions. If you do not have consent from your parent(s) or legal guardian(s), you must cease using the boodaBEST Payment Account.
12 DISCLAIMER
12.1 You agree that all risks arising from your use of the boodaBEST Payment Account will be borne by you.
12.2 We make no warranty that:
12.2.1 the boodaBEST Payment Account will meet your requirements;
12.2.2 the boodaBEST Payment Account services will be uninterrupted, timely or error free; or
12.2.3 any products, information or material purchased by you using the boodaBEST Payment Account will meet your requirements.
12.3 Except as expressly provided in these Terms and Conditions and to the fullest extent permitted by law, the boodaBEST Payment Account and related services are provided “as is”, “as available” and “with all faults”. All such warranties, representations, conditions, undertakings and terms, whether express or implied, are hereby excluded.
12.4 To the fullest extent permitted by law, we and our affiliates shall not be liable for any indirect, consequential, incidental, special or punitive damages, including damages for loss of profits or revenues, business interruption, loss of business opportunities, loss of data or loss of other economic interests, whether in contract, negligence, tort or otherwise, arising from your use of or inability to use the boodaBEST Payment Account and related services. In any event, our total aggregate liability to you under these Terms and Conditions or in relation to your use of the boodaBEST Payment Account will not exceed your boodaBEST Payment Account Balance at the point in time when such liability arose.
12.5 Some jurisdictions do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental or consequential damages, so the foregoing exclusions or limitations may not apply to you. You may also have other rights that vary by jurisdiction and other jurisdictions.
12.6 In the event that it is demonstrated that you are below the age of 20 when you agreed to these Terms and Conditions, we shall not be liable for any loss suffered by you arising out of the use of the boodaBEST Payment Account.
13 NOTICES
13.1 Notices from us
13.1.1 You agree that all notices or other communications from us are deemed to have been given to you if: (i)communicated through any print or electronic media as we may select from time to time, will be deemed to be notified to you on the date of publication or broadcast; o (ii)sent by post or left at your last known address, received by you on the day following such posting or on the day when it was so left.
13.2 Notices from you You may only give notice to us in writing sent to our designated address or e-mail address (as may be amended from time to time), and we shall be deemed to have received such notice only upon receipt. While we endeavour to respond promptly to notices from you, we cannot guarantee that we will always respond with consistent speed.
13.3 Other modes of notifications
13.3.1 Notwithstanding Clauses 13.1 and 13.2, we may from time to time designate other acceptable modes of giving notice (including but not limited to e-mail or other forms of electronic communication) and the time or event by which such notice shall be deemed given.
14 GENERAL TERMS
14.1Cumulative rights and remedies Unless otherwise provided under these Terms and Conditions, the provisions of these Terms and Conditions and our rights and remedies under these Terms and Conditions are cumulative and are without prejudice and in addition to any rights or remedies we may have in law or in equity, and no exercise by us of any one right or remedy under these Terms and Conditions, or at law or in equity, shall (save to the extent, if any, provided expressly in these Terms and Conditions or at law or in equity) operate so as to hinder or prevent our exercise of any other such right or remedy at law or in equity.
14.2 No waiver Our failure to enforce these Terms and Conditions shall not constitute a waiver of these terms, and such failure shall not affect our right to later enforce these Terms and Conditions.
14.3 Severability If at any time any provision of these Terms and Conditions become illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected or impaired thereby, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Terms and Conditions.
14.4 Rights of third parties A person or entity who is not a party to these Terms and Conditions shall have no right to enforce any term of these Terms and Conditions, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description. For the avoidance of doubt, nothing in this clause shall affect the rights of any permitted assignee or transferee of these Terms and Conditions.
14.5 Governing law Use of the boodaBEST Payment Account, and these Terms and Conditions shall be governed by and construed in accordance with Thai law and you hereby submit to the exclusive jurisdiction of the Thai courts.
14.6 Disputes
14.6.1 If any dispute or claim arises from or in connection with these Terms and Conditions or your use of your boodaBEST Payment Account (“Dispute”), the relevant parties shall first attempt to resolve the Dispute through amicable negotiations. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
14.6.2 In any event and to the fullest extent permitted by applicable law, you may not make any claim against the Indemnitees under these Terms and Conditions after one year from the date of occurrence of the matter giving rise to the claim.
14.7 Injunctive relief We may seek immediate injunctive relief if we make a good faith determination that a breach or non-performance is such that a temporary restraining order or other immediate injunctive relief is an appropriate or adequate remedy.
14.8 Correction of errors Any typographical, clerical or other error or omission in any acceptance, invoice or other document on our part shall be subject to correction without any liability on our part.
14.9 Language In the event that these Terms and Conditions is executed or translated in any language other than English ("Foreign Language Version"), to the extent allowed under law, the English language version of these Terms and Conditions shall govern and shall take precedence over the Foreign Language Version.
14.10 Entire agreement These Terms and Conditions shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
14.11 Binding and conclusive You acknowledge and agree that any records (including records of any telephone conversations relating to the boodaBEST Payment Account, if any) maintained by us and/or our service providers relating to or in connection with the boodaBEST Payment Account shall be binding and conclusive on you for all purposes whatsoever and shall be conclusive evidence of any information and/or data transmitted between us and you. You hereby agree that all such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records merely on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
14.12 Sub-contracting and delegation We reserve the right to delegate or sub-contract the performance of any of our functions or obligations in connection with boodaBEST Payment Account to any service provider, subcontractor and/or agent on such terms as we may deem appropriate.
14.13 Assignment You may not assign your rights or transfer your obligations under these Terms and Conditions without our prior written consent. We may assign our rights or transfer our obligations under these Terms and Conditions to any third party at our sole discretion.
14.14 Force Majeure We shall not be liable for non-performance, error, interruption or delay in the performance of our obligations under these Terms and Conditions (or any part thereof) or for any inaccuracy, unreliability or unsuitability of boodaBEST Payment Account if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond our reasonable control.
Terms and Condition of boodaBEST
1. Definitions and interpretation
1.1 In these boodaBEST Terms and Conditions, unless the context otherwise requires, the following definitions shall apply: "Counterfeit", in relation to the Seller’s Goods (as defined in the Terms of Use), shall mean a good: (a) which bears a sign identical with, or similar to, a registered trade mark (wherever registered), and: (i) the application of the sign to the good or the packaging thereto is an infringement of the registered trademark; (ii) the good is proposed to be imported into the country where the good is delivered to or received by you, the Customer (as defined in the Terms of Use), and the application of the sign to the good of the packaging thereto would be an infringement of the registered trade mark; or (iii) the sign has otherwise been used in relation to the good or the packaging thereto in such a way as to infringe the registered trade mark; and (b) where the sign borne on the good or the packaging thereto is identical with, or so nearly resembling, the registered trade mark as to be calculated to deceive; and (c) the sign borne on the good or the packaging thereto is applied without the express or implied consent of the proprietor of the registered trade mark, and to falsely represent the good to be the genuine good of the proprietor or a licensee of the registered trade mark. “Guaranteed Delivery Badge” means the icon applied to the Product Details Page of selected boodaBEST Goods to indicate that the boodaBEST Guarantee is available for this boodaBEST Good. The Guaranteed Delivery Badge is represented by the following icons: and “Fast Refund” shall mean a refund of a returned item to you, initiated at the point when you deliver the returned item back to boodaBEST. (a) boodaBEST reserves the right to decide in its sole and absolute discretion, on a per item basis, if Fast Refunds will be available or not. (b) Factors that determine Fast Refund availability, include but not limited to: • Item price and type • Payment type • Purchase and refund history (c) boodaBEST reserves the right to change the factors that determine Fast Refund availability in its sole and absolute discretion from time to time. "boodaBEST Channel" means the sales channel operated by boodaBEST for the purposes of the boodaBEST Programme. "boodaBEST Goods" means goods purchased from a Seller (as defined in the Terms of Use), on the boodaBEST Channel through the Platform (as defined in the Terms of Use). "boodaBEST Terms" means these terms and conditions, as amended by boodaBEST in its sole and absolute discretion from time to time. "Order Detail Page" means the page where a user can review information regarding its Order for the relevant goods available on the Platform. “Delivery Detail Page” means the page where a user can review delivery information regarding its Order for the relevant goods purchased from the Platform. "Product Details Page" means the product details page of the relevant goods available on the Platform. "Terms of Use" means the terms and conditions governing your use of the Platform and which are set out at the "Terms of use" section above.
2. Service Terms
2.1 These boodaBEST Terms shall apply to your purchase of boodaBEST Goods. Such boodaBEST Goods can be identified from the "boodaBEST" badge on the Seller's listing of the goods.
2.2 By purchasing boodaBEST Goods, you agree to be bound by these boodaBEST Terms, as amended from time to time, in addition to the Terms of Use for the Platform, which are incorporated by reference into these boodaBEST Terms.
2.3 For the avoidance of doubt, capitalised terms used and not defined herein have the same meaning as given to such terms in the Terms of Use.
2.4 In the event of a conflict between the provisions of these boodaBEST Terms and the Terms of Use, the provisions of the boodaBEST Terms shall prevail.
3. Representation and warranty
3.1 boodaBEST represents and warrants that the boodaBEST Goods are not Counterfeit.
3.2 Save as provided in this Clause 3.1 and in the Terms of Use, boodaBEST expressly excludes any guarantee, representation, warranty, condition, term or undertaking of any kind.
3.3 Notwithstanding anything to the contrary in the Terms of Use, your sole and exclusive remedy for boodaBEST's breach of the representation and warranty given in Clause 3.1 shall be limited to this Clause 3.3. (a) If you believe that the boodaBEST Goods which you have purchased do not conform to the representation and warranty given in Clause 3.1, you must make a refund claim in accordance with the procedure, and subject to the exceptions and limitations, set out in the Return Policy (as defined in the Terms of Use), within fifteen (15) days of the date on which you received the boodaBEST Goods. (b) Following your refund claim, you will be provided with a template refund claim form (“Claim Form”), within which you should state the reasons for your belief that boodaBEST Goods which you have purchased does not conform to the representation and warranty given in Clause 3.1. (c) You shall return the boodaBEST Good to boodaBEST in accordance with boodaBEST’s instructions. Once boodaBEST receives the boodaBEST Good, boodaBEST shall refund you the full purchase price of the boodaBEST Good within a reasonable period. (d) Following the return of the boodaBEST Good to boodaBEST, boodaBEST shall verify your Claim Form. For the purposes of facilitating such verification, you shall use your best endeavours to fully cooperate with boodaBEST. In the event that boodaBEST determines, in its sole and absolute discretion, that the boodaBEST Good does not conform to the representation and warranty given in Clause 3.1: (i) boodaBEST shall issue a store credit voucher or rebate coupon equivalent in value to the full purchase price of the boodaBEST Good to your boodaBEST account; and (ii) you shall thereafter have no further claim against boodaBEST, and you shall release and hold harmless boodaBEST from any and all liability arising out of or in connection with your purchase of the boodaBEST Good. (e) In the event that boodaBEST determines, in its sole and absolute discretion, that the boodaBEST Good does conform to the representation and warranty given in Clause 3.1, you shall have no further claim against boodaBEST, and you shall release and hold harmless boodaBEST from any and all liability arising out of or in connection with your purchase of the boodaBEST Good. (f) boodaBEST’s determination pursuant to this Clause 3.3 shall, save in the case of manifest error, be final and binding on you. (g) If you fail to make a refund claim within fifteen (15) days of the date on which you received the boodaBEST Goods, as set out in Clause 3.3(a), you are deemed to have accepted the boodaBEST Goods as conforming to the representation and warranty given in Clause 3.1.
4. Availability of boodaBEST Guarantee
4.1 boodaBEST may offer guarantees for delivery of selected boodaBEST Goods within specified dates (the “boodaBEST Guarantee”). Availability of the boodaBEST Guarantee for boodaBEST Goods shall be indicated by the appearance of the Guaranteed Delivery Badge on the Product Details Page. For the avoidance of doubt, where the Guaranteed Delivery Badge does not appear, the boodaBEST Guarantee is not available.
4.2 The dates for delivery of boodaBEST Goods pursuant to the boodaBEST Guarantee shall be reflected on the Order Detail Page and the Delivery Detail Page. You acknowledge and agree that any timelines or dates shown for delivery on the boodaBEST Platform in respect of the boodaBEST Guarantee, save for the dates indicated on the Order Detail Page and the Delivery Detail page, are only indicative estimates, and you shall not hold boodaBEST directly or indirectly liable for any losses arising out of or in connection with any reliance that you place on such estimates.
5. Terms and Conditions of the boodaBEST Guarantee
5.1 Subject to the availability of the boodaBEST Guarantee as set out in Clause 4 and the terms and conditions of the boodaBEST Guarantee as set out in this Clause 5, you shall receive payment for the amount specified in the Product Details Page as compensation where boodaBEST, its affiliates or third party logistic carrier delivers the boodaBEST Goods to you after the latest date, or after the timeframe, specified in the boodaBEST Guarantee section of the Order Detail Page and the Delivery Detail Page (“Compensation”). Save for the Compensation, you hereby agree that you shall not have, and hereby waive and relinquish, any other rights or claims in respect of the boodaBEST Guarantee not being fulfilled.
5.2 You shall be entitled to Compensation for each Order you place through the Platform, regardless of the number of boodaBEST Goods which are placed pursuant to such Order, or the number of boodaBEST Goods which are delivered to you after the latest date, or after the timeframe, specified in the boodaBEST Guarantee section of the Order Detail Page and the Delivery Detail Page. To illustrate, if you purchase two boodaBEST Goods under one Order, and boodaBEST, its affiliates or its designated third party logistic carrier is unable to fulfil the boodaBEST Guarantee, you shall be entitled to receive Compensation of the amount specified in the Product Details page.
5.3 Where Compensation is paid to your boodaBEST account through a Voucher or a Promo Coupon is issued to your boodaBEST Wallet, boodaBEST reserves the right to impose restrictions or limitations to the use of the Voucher or Promo Coupon, including but not limited to, expiration dates, transfer of the Voucher or Promo Code to other users, or restrictions to use with Products, or categories or classes of Products, as specified by boodaBEST at its sole and absolute discretion. For the avoidance of doubt, Compensation made via Voucher or Promo Coupon cannot be exchange or redeemed for cash.
5.4 Notwithstanding that the boodaBEST Guarantee has been made available for the boodaBEST Good you select, you hereby agree to waive your right to Compensation where any of the following take place: (a) Delivery address for the boodaBEST Good is incorrect or incomplete; (b) You refuse to accept, or fail to make payment for, the boodaBEST Good, for any reason whatsoever; (c) You fail to make payment for the boodaBEST Good in order to be eligible for the boodaBEST Guarantee, before the date and time set out in the Order Detail Page; (d) You request any amendments to the time of delivery, delivery address or mode of delivery after the Order has been made; (e) You fail to adhere to any of the delivery instructions issued by boodaBEST, its affiliates or third party logistic carrier including where you or your representative are not present to receive the boodaBEST Good when boodaBEST, its affiliates, or third party logistic carrier attempts delivery, or any of the instructions you issue to boodaBEST, its affiliates or our third party logistic carrier for delivery cannot be reasonably fulfilled; (f) You specify for delivery of the boodaBEST Good to be made to a collection point; (g) Delivery cannot be made to your address for reasons due directly or indirectly to an event or failure which is beyond boodaBEST’s reasonable control, including acts of God, natural disasters, war, rebellion, revolution, contamination, pollution, acts or threats of terrorism, or riots; or (h) Delivery of the boodaBEST Good cannot be made to the delivery address you specify in the Order Detail Page and the Delivery Detail Page for any other reason.
5.5 You acknowledge and agree that boodaBEST has the sole and absolute right to determine if any of the circumstances set out in Clause 5.4 have taken place. You agree that you shall not dispute any of boodaBEST’s determinations in this regard. 5.6 boodaBEST reserves the right not to issue Compensation to you at its sole discretion and with no reference or notice made to you, for any reason whatsoever.
6. Fast Refunds boodaBEST may offer Fast Refunds for selected boodaBEST Goods. However, the availability of Fast Refunds is decided on a per item basis by boodaBEST in its sole and absolute discretion.
7. Use and disclosure of data You agree that boodaBEST shall be entitled to use or disclose any information or data disclosed by you in accordance with boodaBEST’s Privacy Policy. You are entitled to withdraw such consent in the procedure as prescribed by boodaBEST from time to time.
8. Miscellaneous
8.1 You shall be bound by and shall fully observe and comply with these boodaBEST Terms, all Service Terms, Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed or accepted by you. The rights and protections conferred on boodaBEST under these boodaBEST Terms shall be additional to the rights and protections conferred on boodaBEST under the Service Terms, Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed or accepted by you.
8.2 Any clause in these boodaBEST Terms, all Service Terms, Terms of Use, Privacy Policy as well as such other terms and conditions as may be agreed or accepted by you, that is invalid, unenforceable or illegal shall be enforced as nearly as possible in accordance with its terms, but shall otherwise be deemed severed and shall not affect the enforceability of any other clauses, which clauses shall continue to be valid and enforceable to the fullest extent permitted by law.
8.3 boodaBEST reserves the right to alter, modify, add to or otherwise vary these boodaBEST Terms from time to time, and in such manner as boodaBEST deems appropriate. You shall be bound by the terms and conditions so amended. In any event, if you continue to use the Service after such notice, you shall be deemed to have accepted the amendments. boodaBEST Care Service Contract This Service Contract is a legal agreement between you and boodaBEST Limited, which governs the provision of the Services by us in respect of Product(s). By purchasing a Product, you acknowledge and agree to be bound by this Service Contract. Your purchase of the Services extends the manufacturer’s coverage for a twelve (12) month or twenty-four (24) period (based on your selection, and as specified on the Product listing page) commencing upon the expiry of the manufacturer’s warranty. The Services are subject at all times to the following exclusions and conditions: a) we have the sole option to repair or replace your Product with like kind, quality and specifications provided; i. the total aggregate costs of repairs for each Product shall not exceed the Purchase Price of the Product; and ii. the cost of a one-time replacement product shall not exceed the Purchase Price of the Product; b) in the event that it is more economical to replace your Product instead of repairing it, the original Product shall be replaced with a similar product. Due to technological advances, the replacement Product may be of lower retail value than the original Product or it may be a Refurbished Product. If the original Product is replaced, the Services will cease from the date of replacement; and c) Repairs or replacements of the Product is limited to products purchased domestically and products which are for personal use. d) Products that have been used for commercial or other non-personal use shall be excluded from this Service Contract. If a Product is covered by a manufacturer’s warranty period, the manufacturer’s warranty shall take precedence over this Service Contract, and the Services provided under this Service Contract shall not cover or replace the manufacturer’s warranty whatsoever. On-site repair is available for bulky Products only, which are non Carry-in Products. Where we are unable to repair your Products on-site, they will be transported to our authorised repair centre for repair, at no extra cost to you. Carry-in Products, which are Products such as Mobile Devices, laptops, tablets, small and kitchen appliances shall be delivered by you to our authorised repair centre, and no shipping or transportation costs (if any) you incur will be reimbursed by boodaBEST.
LIMITATIONS OF LIABILITY Coverage will not, under any circumstances, extend to any loss or injury to a person or loss or damage to property or any incidental, contingent, special or any direct or indirect loss and consequential damages including but not limiting to losses incurred due to any delay in rendering service related to this Service Contract and loss of use during the period that Your Product is at an authorised repair centre, and/or while awaiting repair.
ACCIDENTAL DAMAGE If you purchase the Services for a Mobile Device, you are entitled to the following Accidental Damage benefits: a) You are entitled to make one (1) claim for repair services under Accidental Damage, provided that the total aggregate costs of repairs for each Mobile Device shall not exceed the Purchase Price of such Mobile Device, following which we shall have the sole discretion to repair or replace the Product if you submit a Valid Claim b) Accidental Damage coverage will be effective after seven (7) days from the Mobile Device delivery date until the expiry of twelfth (12) months from effective date, as the case may be. c) Claims in relation to Accidental Damage must be submitted to us within two (2) working days of the incident causing the Accidental Damage.
GENERAL EXCLUSIONS FROM COVERAGE: boodaBEST will not be liable under the Service Contract if you do not submit the Product to an authorised repair centre for repair for Carry-in Products or if you do not raise a service request with the boodaBESTCare call centre for bulky, non-Carry-in Products, before (a) the expiry of the Service Contract; and/ or (b) in the case of Accidental Damage (for Mobile Device) only, if a breakdown report or a Valid Claim has not been submitted within two (2) working days of the breakdown incident. Any repair and/or service by unauthorized service centre will render this Service Contract to be null and void.
EXCLUSIONS FROM COVERAGE:
1. Save for where you are entitled to benefits under “Accidental Damage”, or as specified in the Service Contract, negligence of any kind, omission or default.
2. Liability arising out of implied warranties of merchantability, implied warranties of fitness, and strict liability.
3. Liability to anyone other than the Service Contract holder, as the case may be, except if you notify us of a transfer of a Service Contract per the terms below.
4. Any acts of fraud, or other dishonest or criminal acts.
5. Property and/or product liability insurance.
6. Products that are still covered by the manufacturer’s/dealer’s original written warranty, or the Service Contract holder’s dealer warranty, repairer’s warranty, or any other warranties in effect.
7. Any defects that are subject to recall by the manufacturer / dealer.
8. Non-operating and cosmetic items, paint, or product finish, accessories used in or with the eligible product unless covered under a separate Service Contract, cables, cords, add-on options incorporated in a product for which options are not essential to the basic function of the Product for which the Service Contract was purchased.
9. Software (including operating system and any stored data), defects resulting directly from software installation and or removal, computer virus, virus prevention, and other peripherals.
10. Routine maintenance, cleaning, adjustments or software updates.
11. abuse, theft, sand, corrosion, excessive heat, battery leakage, Acts of God, commercial usage, power outages or surges, , inadequate or improper voltage or current (fluctuation of electrical power, lightning, static electricity), improper environment (including lack of proper temperature or humidity). Unauthorised modifications made to the Product and/or problems/defects arising from such unauthorised modifications; altered serial/IMEI numbers; failure to follow manufacturers’ instructions on installation, operation or maintenance; repairs performed by non-authorised repairer; any items not affecting the function of the Product; image burn.
12. Costs of express service charges, transportation damage, removal or reinstallation unless specifically included in the Service Contract.
13. Problems or defects not covered under the original manufacturer’s/dealer’s original written warranty or any other warranties in effect unless otherwise stated, unless otherwise specified in the Service Contract, including but not limited to where you are entitled to Accidental Damage benefits.
14. Failure to follow manufacturer’s recommended instructions for installation, operation, routine care maintenance, inspection, cleaning, external adjustments etc. including problems cause by a device that is not the Product, including equipment/accessories that are not produced by original equipment manufacturer, whether or not purchased at the same time as the Product.
15. Damage due to organic infestation (from internal and/or external sources). 16. Deterioration or spoilage of any food stored due to defect of refrigerator.
17. Water leakage due to blockage of drainpipe under normal use.
18. Commercial use (multi-user organisations), public rental, use for profit or communal use.
19. Any diagnosis where no defect has been found or noted.
20. Consumables including but not limited to batteries, bulbs, compact discs, digital tapes, stylus, toner and ink cartridges.
21. External faults such as rust, wiring, electrical connection or plumbing, piping, fitting, realigning of signal receivers (poor receptions), and consequential loss of any kind.
22. Normal wear and tear, scratching, chewing, spilled liquids, corrosion, animal and insect infestation, fungi, wet or dry rot, or bacteria, misuse, neglect and abuse.
23. Repairs necessitated by improper maintenance, accidental, intentional physical damage, damage by sand or water, unless otherwise specified in the Service Contract including but not limited to where you are entitled to Accidental Damage benefits. For Service request – Call our Service Hotline +66 2 305 8718. When the Product failure occurs due to an electrical or mechanical defect or accidental damage, you may call the boodaBEST Care Support Hotline to report the failure. This hotline is available Monday to Friday 8:30 a.m. – 5:30 p.m. in Thailand and Vietnam excluding local public holidays of each country. Our experienced customer service representatives will be ready to guide you through the Service process. To expedite Service, please ensure that you have your Service Contract details readily available before placing the call. If the Product failure is not reported to us prior to repair/replacement, the repair/replacement cost shall not be approved. To validate coverage, please ensure you keep all the proof of purchase, such as sales receipts.
CANCELLATION This Service Contract can be cancelled within fourteen (14) days of the Product order date at a full refund of paid service fee provided that no Valid Claim has taken place. If a Valid Claim has taken place, no refund will be provided upon cancellation.
CONTRACT TERMINATION This Service Contract will terminate automatically: (i) upon expiry of the term of this Service Contract, (ii) when total aggregate repair costs have exceeded the Product Purchase Price, (iii) upon replacement of the Product if beyond economical repair or (iv) upon written notification of termination of this Service Contract within fourteen (14) days of original purchase of this Service Contract, whichever is earlier.
TRANSFER OF SERVICE CONTRACT TO SECOND OWNER If you sell or transfer your Product to another consumer within the term of this Service Contract, you must call boodaBEST Care Support Hotline within fourteen (14) days from the date of the sale or transfer of the Product to another consumer, in order to transfer this Service Contract. It is also important to report your new address in the event you change your residential address and take the Product(s) with you.
GENERAL This Service Contract is not an insurance contract, insurance policy or guarantee. This Service Contract is not a guarantee or promise relating to the nature of the material, workmanship or performance of your Product. For contract verification purposes, you may be required by our customer service representative to present your Service Contract to expedite the service of your Product. As such, we recommend that you place these documents in a safe place.
DEFINITIONS:
• Accidental Damage means at a definable time and place Your Product stops working normally and its usability or its safety is affected due to an unforeseen and unintentional event. This includes: (i) Screen Damage: Loss of functionality, cracking or breaking of the screen limited to parts needed to fix a cracked or broken screen and back glass such as glass /plastic screen, LCD and sensors fixed to the screen; and (ii) Other Damage: Loss of functionality, including liquid damage caused by unintentional spills in or on the Product and any physical damage that can occur other than Screen Damage.
• Act of God refers to natural disaster, fire, flood, war, invasion, act of foreign enemy, hostilities or warlike operations, civil war, civil commotion.
• Mobile Device means a mobile phone that performs many of the functions of a computer, typically having a touchscreen interface, Internet access, and an operating system capable of running downloaded applications (“Smartphone”), or a wireless portable personal computer with a touchscreen interface that does not have a permanently attached keyboard (“Tablet”) that You purchase from boodaBEST and is covered by the Services.
• Product means a product listed for sale on boodaBEST and covered by the Services under this Service Contract.
• Purchase Price means the price, without any retailer discount or shipping cost, of the Product covered under this Service Contract
• Refurbished means the product is in very good condition. There will be signs of use such as scratches but will not include deep scratches and no significant signs of heavy wear and tear. This will not affect the functions of the Smartphone.
• Service(s) means arranging for the repair or replacement of the Product pursuant to this Service Contract.
• Valid Claim means repair or one-time replacement of the Product.
• We, Us and Our refers to boodaBEST Limited (“boodaBEST”), the provider of the Services under this Service Contract.
• You and Your refer to consumers who purchase Products and cover by the Services under this Service Contract. boodaBEST Payment Protection Policy. This boodaBEST Payment Protection Policy (“Policy”) supplements the boodaBEST Terms of Use, boodaBEST Wallet Privacy Policy and boodaBEST Wallet Terms and Conditions (collectively, the “boodaBEST Terms”) with regard to your boodaBEST Account. If any matter is not provided for in this Policy but is provided for in the boodaBEST Terms, the provisions of the boodaBEST Terms shall prevail. If there is a conflict between the provisions of this Policy and the provisions of boodaBEST Terms, the provisions of this Policy shall prevail to the extent of such conflict. Unless otherwise expressly provided herein, the capitalized terms shall have the same meanings as set forth in the boodaBEST Terms. This Policy is a legal agreement between you and boodaBEST Ltd. By using your boodaBEST Account, you agree to be bound by the terms of this Policy.
1.1 Protection against Unauthorized Transactions. boodaBEST will provide you with compensation for Unauthorized Transactions (defined below), provided that you comply with the procedures set out within the Policy. An "Unauthorized Transaction" occurs when, because of a fraudulent take-over of the boodaBEST Account: (a) money is sent from the value stored within your boodaBEST Wallet that you did not authorize and that did not benefit you; (b) a transaction or Top Up to the boodaBEST wallet is made from a credit or debit card saved in your boodaBEST Account that you did not authorise and that did not benefit you; or (c) a transaction or Top Up to the boodaBEST wallet is made from the Direct Link account, that you did not authorise and that did not benefit you. Notwithstanding the foregoing, you have an obligation to ensure the safety and security of your boodaBEST Account. If you authorize someone to access your Wallet by providing them with your login information or otherwise, and they conduct transactions without your knowledge or permission, you shall be responsible for all consequences arising from such use.
1.2 Notify boodaBEST a. You should immediately notify boodaBEST if you believe there has been an Unauthorized Transaction or unauthorized access to your boodaBEST Account. To be eligible for compensation under this Policy, you must notify us within 60 days from the date an Unauthorized Transaction first appears in your account. b. You should regularly log into your account and review your order history to ensure that there has not been an Unauthorized Transaction. boodaBEST will send you an e-mail through the-mail address you have provided to notify you of every transaction made in your account. You should check these transaction confirmation messages to ensure that each transaction has been authorized by you and the information in your account is accurate. c. If an Unauthorized Transaction appears in your account, please contact boodaBEST Customer Service through the ‘contact us’ page (https://boodabest.com/contact-us). You will need to provide a complete set of information and/or documentation, in accordance with the requirements set out on that page and as requested by us, in order for the investigation to begin. boodaBEST will only initiate an investigation upon receipt of all information/documents.
1.3 Actions taken by boodaBEST upon receipt of notification a. Once you notify us and provide us with a complete set of the necessary information and/or documents that we request, we will do the following: (a) We will conduct an investigation and determine whether there has been an Unauthorized Transaction. (b) boodaBEST will complete the investigation within 2 working days from the date where all necessary information and/or documents were received by us. (c) We will inform you of our decision once we complete the investigation. b. If we determine that the Unauthorized Transaction is one which qualifies for boodaBEST Payment Protection, we will credit the full amount of the Unauthorized Transaction to the respective sources as shown below: boodaBEST Wallet, Saved Card c. If we determine that the Unauthorized Transaction is one that does not qualify for boodaBEST Payment Protection, we will send you an email to notify you of our decision which shall be final and conclusive.
1.4 Scope of protection a. The following types of transactions are excluded from the scope of coverage of our boodaBEST Payment Protection Policy: (a) Disputes on genuine transactions, such as non-receipt of the item you have purchased; (b) Where we determine that there has been fraud or negligence on behalf of the Customer. For example, if we determine that you have willfully provided your account credentials to third parties, have acted fraudulently or have failed to take all steps and precaution in protecting your account; (c) Where we determine that you have a proven track record of engaging in and/or abetting fraudulent activity and/or disputes of unauthorized transactions; (d) Where the Unauthorized Transaction took place under unforeseeable circumstances, including but not limited to natural disasters, outbreak of war, terrorist incidents, civil unrest, which are beyond boodaBEST’s reasonable control; (e) Where the Unauthorized Transaction took place as a result of any terminal or system (including boodaBEST and eGHL) being impacted by, including and not limited to, hacking attempts, bank system upgrades/malfunctions, telco downtime etc., which you were aware before the Unauthorised Transaction took place; (f) ‘Compromises arising from 3rd party partners’: The Unauthorized Payment was the result of a compromise by a 3rd party partner such as a partner bank; or (g) Any regulatory or legal restriction that prevents the reimbursement to be made to the Customer. 20 January 2020 Terms & Conditions of Delivery Services (“Delivery Terms”) By entering into this Term and Conditions of Delivery Services ("Delivery Terms"), you (“Customer”, “you”, "your") represent that you are an adult of at least 20 years of age or have obtained the relevant consent from your parent or legal guardian, capable of validly entering into agreements and performing your obligations hereunder. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THESE DELIVERY TERMS, AND ALL POLICIES OF THE PLATFORM ARE INCORPORATED BY REFERENCE. If you are below 20 years old, you must obtain you must obtain consent from your parent or legal guardian, their acceptance of these Delivery Terms, and their agreement associated with your use of the Delivery services for the Goods you purchase on the Platform. These Delivery Terms shall be effective from 20 January 2020 and shall apply where Kerry Express (Thailand) Public Company Limited (“Kerry” “we” or “our”) is engaged to provide the Delivery services for Goods you purchase from the Platform. Kerry reserves the right to notify you from time to time of changes to the terms and conditions of this Delivery Terms.
1. Definitions & Interpretation Unless otherwise defined, the definitions and provisions in respect of interpretation set out in Schedule 1 will apply to these Delivery Terms.
2. Delivery Services Engagement
2.1 Your Agreement: You agree to be bound by these Delivery Terms, as well as any guidelines, notices, operating rules, policies and instructions, pertaining to the Delivery of Goods purchased by you on the Platform. We may revise these Delivery Terms, or any guidelines, notices, operating rules, policies and instructions at any time, and you are deemed to be aware of and bound by such changes upon their publication on the Platform. Your continued use of the Delivery services after the effective date of these Delivery Terms, or any revision to these Delivery Terms or any guidelines, notices, operating rules, policies and instructions, constitutes your acceptance and agreement to be bound by such terms.
2.2 Scope of Delivery: These Delivery Terms apply to the following services which we may provide in respect of the Goods purchased by you on the Platform (collectively, the “Delivery”), including: (i) doorstep delivery; (ii) delivery to Collection Points; and (iii) pick up or collection of returns.
2.3 Service-specific Policies and Restrictions: We may publish policies and rules governing any of the Delivery on the Platform at any time. By continuing to use a Delivery service, you agree to be bound by the policies and rules relating to the Delivery services. We may, at our discretion, restrict the shipping routes and destinations for the Delivery from time to time, provided that, we will use commercially reasonable efforts to complete the Delivery in respect of any Parcels which are in our custody or possession at the time of introduction or change of such restrictions.
3. Delivery of Goods
3.1 Address: Delivery of the Goods shall be made to the address you specify in your Order, but not necessarily to the named receiver personally. We will make no more than 2 delivery attempts to the address specified in the Order.
3.2 Shipping Fees: Shipping fees shall be as set out in the Order. Unless otherwise specified, the shipping fees shall be based on the chargeable weight and dimensions of the Goods as specified by the Seller as at the time of the listing of the Goods on the Platform, and calculated according to the shipping fee rate card published by us from time to time.
3.3 Tracking: You may track the status of the Delivery at the ‘Track My Order’ page of the Platform.
3.4 Delivery Timeframe: Delivery of the Goods is subject to various factors, including the availability of the Goods and timeliness of the Seller’s dispatch of the Goods. We will take reasonable commercial efforts to deliver the Goods according to our regular delivery schedules. All Delivery timeframes given are estimates only and do not form a part of these Delivery Terms. We shall not be liable for any delay in the Delivery howsoever caused. The normal delivery timeframe should be between 3 to 15 days.
3.5 Deemed Receipt: In the event you do not receive the Goods by the projected Delivery date, you must inform boodaBEST within 3 days after such projected Delivery date through the available modes of contact on the Platform. If boodaBEST does not hear from you within 3 days from such projected Delivery date, you shall be deemed to have received the Goods.
3.6 Failure to Take Delivery: If you refuse or fail to take Delivery of the Goods (otherwise than by reason of any cause beyond your reasonable control or the Seller’s fault), or to pay the full amount of the Cash-on-Delivery for the Order, then without prejudice to any other right or remedy available to Seller, the Order and Delivery may be cancelled.
4. Payment
4.1 General: You may pay for the Shipping Fee using any of the payment methods prescribed by boodaBEST and/or Kerry from time to time. When you place an Order, actual payment of the Shipping Fee payable to Kerry, will be only charged upon Seller’s acceptance of your Order. Where cash-on-delivery is selected, you agree and allow us to collect payments from you on behalf of the Seller.
4.2 Payment Methods: You agree that you are subject to the applicable user agreement of your payment method, which may be published on the Platform. You may not claim against Seller, Kerry or boodaBEST for any failure, disruption or error in connection with your chosen payment method, except where such error is due to fraud or misconduct by the Seller, Kerry or boodaBEST.
4.3 Invoicing: If you require an electronic invoice/receipt for the Delivery, please contact us through the authorized channels of communication on the Platform – namely, the Live Chat function.
4.4 Failure to Pay: If you fail to make or complete any payment pursuant to the terms and conditions of the payment method elected, or payment is cancelled for any reason whatsoever, without prejudice to any other right or remedy available to us, we are entitled to cancel or suspend Delivery of the Goods until the Goods price and the Shipping Fee per the Order is paid in full.
4.5 Claims: (a) Subject to the applicable terms and conditions and policies on the Platform and our acceptance of the claim at our sole discretion, refunds of Shipping Fee may be made in the following cases: - Failed Delivery - Returns - Loss and damage of Goods during the Delivery - Undeliverable Goods (b) Claims are limited to one per Delivery. Any refund of Shipping Fee made pursuant to such Claim shall be full and final settlement for our liability in respect of the Delivery. (c) All refunds of Shipping Fees shall be processed, to the person who made the original payment via an approved payment method or through the boodaBEST Wallet (as deemed appropriate by us from time to time). The processing of refunds may take time, and we offer no guarantee of any nature for the timeliness of the refunds reaching your account. We reserve the right to modify the mechanism of processing refunds at any time without notice. (d) You may only raise a claim pursuant to this section through the authorized channels of communication on the Platform – namely, the Live Chat function. We reserve the right to reject any claims raised through other channels of communication.
5. Taxes
5.1 You shall be responsible for all applicable taxes payable in respect of the Shipping Fee.
5.2 If you are required under the applicable law to deduct or withhold any tax imposed on any amount payable to us, you shall make such withholding as required and pay the net amount to us. Unless you provide us with the original withholding tax certificate, you agree that you will not be entitled to any refund of withholding tax credit.
6. Undeliverable Goods
6.1 Undeliverable Goods: We reserve the right to cancel the Order and Delivery without prior notice to you if the Goods are deemed undeliverable in the following circumstances (“Undeliverable Goods”): (a) the customs declaration is not in compliance with the applicable customs regulations, or the applicable duties and taxes on the Goods have not been paid in full; (b) it contains counterfeit goods, or illegal items such as ivory or narcotics; (c) it contains goods which require special handling or which are subject to transportation restrictions, such as refrigerated food, animals (whether live or not), animal body parts or biological parts, restricted plants, bullion, currency, gem stones; weapons, explosives and ammunition, or human remains; (d) it is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organization), ADR (European Road Transport Regulation on dangerous goods) or other relevant organization; (e) delivery of the Goods to you will result in an actual or potential breach of any sanction as set forth by the United Nations or any other applicable international organization, the country of origin, country of destination and any transit country; (f) the receipt of the Goods is subject to a legal or regulatory requirement or condition which the named receiver in the Order or the person purporting to take actual receipt of the Goods during delivery, in our reasonable discretion, does not comply with; and (g) its address is incorrect or not properly marked.
6.2 Inspection: We may inspect the Goods (including the opening of any sealed package or parcel), and we shall not be responsible for any delay or damage caused as a result of such inspection, provided that we shall take reasonable care in inspecting the Goods.
6.3 Indemnity: You shall indemnify us and boodaBEST against any loss, damage, fines and expenses, in connection with any Order containing Undeliverable Goods.
6.4 Disposal: We may, without notice to you and without any liability to you, abandon, store or dispose of any Undeliverable Goods in any manner we deem appropriate.
7. Returns
7.1 Return Policy: All returns must be done in accordance with the instructions set out in the Return Policy on the Platform. We are not obliged to handle any return unless the Return Policy has been complied with.
7.2 Property: When refunded, the non-conforming Goods or parts thereof shall become Seller’s property and upon request such Goods, Parcel or parts thereof must be shipped back to Seller. Unless otherwise stated in the Return Policy, you agree that we are authorized to collect the Goods to be returned to the Seller from you.
8. Termination
8.1 Cancellation By You: If the Goods have already been dispatched by the Seller, you may not cancel the Order and Delivery. If you do not wish to accept the Goods in the Order, you may initiate a return in accordance with the Return Policy.
8.2 Cancellation by Seller: Without prejudice to any other right of termination, we may, on our accord or acting at boodaBEST’s or the Seller’s direction, stop or suspend any Delivery (whether dispatched or otherwise) by notifying you, if: (a) the Goods under the Order being unavailable for any reason; (b) you are in breach of an obligation under these Delivery Terms, or any applicable terms or policies in respect of your use of the Platform or with respect to the Order; (c) we are made aware of your insolvency or bankruptcy.
8.3 Termination of Use of Platform: We reserve the right to cancel any Delivery or terminate the provision of any further Delivery to you if you terminate your use of the Platform, or if your use of the Platform is terminated or refused by boodaBEST for any reason whatsoever.
9. Risk of the Goods
9.1 Risk of damage to or loss of the Goods shall pass to you at the time of your actual or deemed receipt of the Goods (whether or not you have the legal right to receive such Goods).
9.2 You agree that you will not accept the Delivery of Goods which do not form part of your Order. If there is any claim, process or proceeding required by us, boodaBEST or the Seller to recover wrongfully received Goods from you, all loss and expense associated with such claim, process or proceeding will be borne by you.
10. Notices All notices and communications from us or boodaBEST shall be by way of the official channels of contact available on the Platform only, namely through the boodaBEST APP, Live Chat or an authorized email from our Customer Care officers. If required to perform the Delivery of the Goods, you agree that we may also contact you through the contact details provided in the Order.
11. Access to Tools
11.1 Access to Tools or Services: We may provide you with access to tools or services to track or manage the Delivery of the Goods. Where access to such tools or services are provided to you, you agree that you shall use the tools and services only for the purpose of tracking or managing the Delivery of the Goods, and shall abide by any other terms of use which may be prescribed by us from time to time.
11.2 Unauthorized Access: You are responsible for the management of access to your Platform account and the access to the tools or services for the tracking or management of the Delivery of your goods. You may not dispute any action carried out under the access of your Platform account or your access of the tools or services provided by us, unless we have been given advance written notice of unauthorized access.
11.3 Intellectual Property Rights: The provision of any Delivery, or the grant of access to any tools or services associated with such Delivery, to you does not confer you with any ownership, license or other right to the intellectual property rights in such tool or service.
11.4 Disclaimer: The tools and services provided by us for the tracking and management of the Delivery of the Goods are provided on an “as is” basis, and we make no representation or warranty of any kind that such tools or services will be available, uninterrupted, error-free or free of harmful components, or that any material or data which you access or use will be secure or accurate. Any link found on any tool or service provided by us is for your convenience only too provide further information; we take no responsibility for the content found on any external link.
12. Data Privacy and Protection You agree that the terms of the Privacy Policy published on the Platform shall apply to any Personal Data you provide to us in relation to your use of our Delivery. You agree that all rights and obligations in the Privacy Policy published on the Platform (as may be updated from time to time) shall be enforceable as if incorporated in these Delivery Terms.
13. General
13.1 Sub-contracting: We may delegate or sub-contract any part of the Delivery to our third party service providers on terms as we deem appropriate.
13.2 No Waiver: Our failure or delay in enforcing any part of these Delivery Terms shall not constitute a waiver of our rights hereunder.
13.3 Severability: If at any time any provision of these Delivery Terms is or becomes illegal, invalid or unenforceable in any respect, the legality, validity and enforceability of the remaining provisions of these Delivery Terms shall not be affected or impaired, and shall continue in force as if such illegal, invalid or unenforceable provision was severed from these Delivery Terms.
13.4 Third Parties: A person who is not a party to these Delivery Terms shall have no right to enforce these Delivery Terms, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.
13.5 Assignment: You may not assign your rights under these Delivery Terms without our prior written consent. We may assign its rights under these Delivery Terms to any third party.
13.6 Correction of errors: Any typographical, clerical or other error or omission in any acceptance, invoice or other document on your part shall be subject to correction without any liability on your part.
13.7 Language: In the event that these Delivery Terms are translated in any language other than English, the English language version of these Delivery Terms shall prevail.
13.8 Entire Agreement: These Delivery Terms shall constitute the entire agreement between you and us relating to the subject matter hereof and supersedes and replaces in full all prior understandings, communications and agreements with respect to the subject matter hereof.
13.9 Conclusive Communications: You acknowledge and agree that any records (including records of any telephone conversations relating to the Delivery, if any) maintained by boodaBEST, Seller or its service providers relating to or in connection with the Delivery shall be binding and conclusive on you for all purposes whatsoever, and shall be conclusive evidence of any information and/or data transmitted between boodaBEST, you and us You hereby agree that all such records are admissible in evidence, and you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of such records on the basis that such records are in electronic form or are the output of a computer system, and you hereby waive any of your rights, if any, to so object.
13.10 Governing Law: The Delivery Terms shall be governed by, and construed in accordance with the laws of Thailand and you hereby submit to the exclusive jurisdiction of the Court of Thailand.
Schedule 1 Definitions and Interpretation
“Collection Points” means boodaBEST’s designated stations from which the Customer may collect his/her Parcels.
“Intellectual Property” means all copyright, patents, utility innovations, trademarks and service marks, geographical indications, domain names, layout design rights, registered designs, design rights, database rights, trade or business names, rights protecting trade secrets and confidential information, rights protecting goodwill and reputation, and all other similar or corresponding proprietary rights and all applications for the same, whether presently existing or created in the future, anywhere in the world, whether registered or not, and all benefits, privileges, rights to sue, recover damages and obtain relief or other remedies for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.
“3DS INTERACTIVE” refers to 3DS INTERACTIVE Co., Ltd., a company incorporated pursuant to the laws of Thailand under registration number 0105554081940 and having its registered address at AIA Sathorn Tower Room 606 Floor 6,11/1 S Sathorn Rd, Khwaeng Yan Nawa, Khet Sathon, Krung Thep Maha Nakhon 10120 Thailand.
“Kerry” refer to Kerry Express (Thailand) Public Company Limited, a company incorporated pursuant to the laws of Thailand under registration number 0105558080778 and having its registered address at Unit 2904-2906, 29th floor, Bhiraj Tower, 689 Sukhumvit Road, North Klongton Subdistrict, Vadhana District, Bangkok 10110 Thailand.
“Order” means your order for the Goods, which has been accepted by the Seller, placed on the Platform in accordance with the Delivery Terms.
“Personal Data” means data, whether true or not, that can be used to identify, contact or locate you. Personal Data can include your name, e-mail address, billing address, shipping address, phone number and credit card information.
“Platform” means (a) both the web and mobile versions of the website operated and/or owned by boodaBEST which is presently located at the following URL: boodabest.com; and (b) the mobile applications made available from time to time by boodaBEST, including the iOS and Android versions.
“Privacy Policy” means the privacy policy set out at https://boodabest.com/privacy-policy “Goods” means a merchandise available for purchase on the Platform.
“Return Policy” means the return policy set out at https://boodabest.com/helpcenter/returns-refunds
“Seller” means a seller of Goods.
